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IHUA3 


SCHOOL  LAWS 


COMMON  SCHOOL  DECISIONS 


STATE  OF  ILLINOIS. 


PREPARED    AND   ARRANGED    BT 

N  E  W  T  O  X     B  A  T  E  M  A  N,    L  L .  D. , 

STATE   SUPERINTENDENI   OF    PUBLIC   IXSTP.UCTION. 


PUBLISHED  BT  ORDER  OF  THE  LEGISLATURE. 
18G7. 


149440 


SPEC!  \  I.     NOTICE 


i  im  belongs  to   th<    Board  >>f  Township  Trnateea  <>r  of  School  l>l- 

elvlng  u.    i  ''    todlaa   la  tho  Township  Troamror  Cot  Hm 

i  of  Traataaa.  :<nii  tha  «  U  rk  of  tin-  Boawd  of  School  i>i?- 

Fur  it.'  "i   i '. . ■ . « r 1 1 .    I'.ni   tha   rownahlp  Trooanrnr  >>r  i » i - 1  r j «  i  (  laafj  rr- 

aalTlng  It,  bolda  tha  nana  onlj  la  i •  i  —  official  i  altvao  it,  on 

tin     .    i|.,      ili.iii    ..I    lu-    l.nii,    tfl    Ma    >ii r    111    OffiCCa 


■    ' 


•. 


red  according  to  Act  of  Congress,  in  the  year  1867,  by 

NEWTON    BAT  KM  AN", 

in  BBS  Clerk*!  ofBce  of  the   I  rail  of  tho  Unitl      S  tor  the  Southern 

1  I  Itrict  of  Illinois. 


I 

'A 

i  S67 


Preface. 


The  object  of  this  volume  is  to  furnish  to  those  in  any  way  concerned 
with  our  system  of  common  schools,  in  convenient  form  and  small  compass, 
information  and  instruction  necessary  to  the  proper  discharge  of  their  duties. 
That  information  being  embodied  in  the  school  laws  of  the  State  and  in  the 
exposition  and  application  of  those  laws  by  the  Department  of  Public  In- 
struction, and  by  the  Courts,  the  book  contains  : 

I.  The  Common  School  Laws  of  the  State,  with  $dl  the  latest  amend- 
ments. 

II.  A  careful  Analysis  and  Explanation  of  each  section  of  the  Amendatory 
Acts  of  February  16,  1865,  and  February  28,  1867. 

III.  The  official  Decisions  and  Instructions  of  the  State  Superintendent, 
and  the  Decisions  of  the  Supreme  Court,  in  relation  to  common  schools. 

The  official  decisions  are  confirmed  by  copious  references  to  and  citations 
of  judicial  authorities.  To  this  end  the  Supreme  Court  Reports  of  Illinois 
and  of  many  other  States  have  been  carefully  and  exhaustively  searched.  It 
is  hoped  that  this  feature  of  the  work  will  render  it  of  some  value  to  mem- 
bers of  the  bar  and  others,  in  the  management  of  cases  arising  under  the 
school  laws  of  the  State. 

The  decisions  embrace  a  wide  range  and  great  variety  of  subjects.  It  is 
believed  that  questions  can  hardly  arise  under  our  present  school  laws  upon 
which  some  light,  if  not  a  definite  answer,  will  not  be  found  in  this  volume. 

Forms  of  all  School  Instruments  are  added  for  the  convenience  of  school 
officers.  Both  the  laws  and  decisions  are,  very  copiously  indexed,  and 
a  hundred  pages  have  been  added  to  the  book.  The  aim  throughout  has 
been  to  render  the  work  a  plain,  practical  and  reliable  common-school  manual. 

N.  B. 
Springfield,  Illinois,  October,  1867. 


Table  of  <  !ontents. 


SCHOOL    I.  VWS  « 'I     ILLINl  US, 

SCHOOL    DEI  ... 

[)ISI  i  SSION   OF  AMENDM1  NTS,   . 
A<   r  01     !  i  BR1  ARY   28,  18  ... 

GOING   ACT,  . 
OFFII  IAL   AND  Jl  DICIAL 

CONCERNING    C01  N  IV    SUPERINTEND] 
CONI  ERNING   TOWNSHD?  TRUSTEES, 
1  RN1NG   TOWNSHD?   TRJ 
<  ■  I  l ;  n  i  n  . ;   SCHOOL   D]  8,    , 

CONCJ  RNING   TEACHERS, 

I  ONI  :  RNTNG    PUPLLS 

C0NC1  ROTNG   BCHOOL   II  ECTIONS,     . 
SUPPLEMENTARY   DECISIONS,      . 
FORI  3<  HOOL   [NSTRUMENTS,  . 

STAMP   HI   I'll-   ON    S<  HOOL   [NSTRUMENTS, 

:  \1>\1;   OF  S<  HOOL   ELECTIONS   AND   DUTD2S, 

INDEX   TO   SCHOOL   I  \\vs 

IMW.\    ! mi    \    S<  HOOL   DEI  [SIONS, 


1 

16 
IT 
118 
11 1 
117 
118 
1 18 

193 
814 


E  r 


252,  last  line,  tor  •■■  ms  read 
ninth  line  from  bottom,  for 
:iili  line  from  top,  for 

top,  lor  list  read 


.School  Laws  of  Illinois. 


AN  ACT  TO  ESTABLISH  AND  MAINTAIN  A  SYSTEM 
OF  FEEE   SCHOOLS. 


IN    FORCE    FEBRUARY    16,    1865. 


STATE    SUPERINTENDENT   OF   PUBLIC    INSTRUCTION — HIS    ELEC- 
TION   AND    DUTIES. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  at  the  election  to  be 
held  on  Tuesday  after  the  first  Monday  of  November,  A.  D.  1866, 
and  quadrennially  thereafter,  there  shall  be  elected,  by  the  legal 
voters  of  this  state,  a  state  superintendent  of  public  instruction, 
who  shall  hold  his  office  for  four  years,  and  until  his  successor  is 
duly  elected  and  qualified. 

§  2.  Before  entering  upon  his  duties,  he  shall  take  and  sub- 
scribe the  usual  oath  of  office,  and  shall  also  execute  a  bond,  in 
the  penalty  of  twenty-five  thousand  dollars,  payable  to  the  state 
of  Illinois,  with  sureties  to  be  approved  by  the  governor,  condi- 
tioned for  the  prompt  discharge  of  his  duties  as  superintendent  of 
public  instruction,  and  for  the  faithful  application  and  disposition, 
according  to  law,  of  all  school  moneys  that  may  come  into  his 
hands  by  virtue  of  his  office ;  said  bond  and  oath  shall  be  depos- 
ited with  the  secretary  of  state,  and  an  action  may  be  maintained 
thereon  by  the  state,  at  any  time,  for  a  breach  of  the  conditions 
thereof. 

§  3.  It  shall  be  his  duty  to  keep  an  office  at  the  seat  of  gov- 
ernment of  the  state,  and  to  file  all  papers,  reports  and  public  doc- 
uments transmitted  to  him  by  the  school  officers  of  the  several 
counties,  each  year  separately,  and  to  keep  and  preserve  all  other 
public  documents,  books  and  papers  relative  to  schools,  coming 
into  his  hands  as  state  superintendent,  and  to  hold  the  same  in 
readiness  to  be  exhibited  to  the  governor,  or  to  any  committee  of 
either  house  of  the  general  assembly ;  and  shall  keep  a  fair  record 
of  all  matters  pertaining  to  the  business  of  his  office. 
1 


J  [OOL  LAWS  OF   l  l.l.i ' 

i.  II.  boll,  without  delay,  pay  over  all  rami  of  money 
which  nil',  oome  into  his  hands  by  virtue  of  lii-  office,  to  the  on> 
oer  or  person  entitled  to  receive  the  -iiiih',  in  such  manner  u  may 
be  pre  cribed  bi  law. 

II,    shall  counsel  and  ad  viae,  in  such  manner  as  he  may 
dr.  in  most  advisable,  \\iih  experienced  and  practical  school  teach- 
to  the  best  manner  of  conducting  commoi  schools. 

^  !',.  Said  superintendent  shall  have  the  supervision  of  all  the 
common  :ui<  1  public  schools  in  the  state,  and  Bhall  be  the  g<  neral 
adviser  and  assistant  of  county  superintendents  of  schools  in  the 
state  ;  be  shall,  from  time  to  time,  as  he  Bhall  deem  for  the  int<  rest 

of  scl Is,  address  circular  letters  fo  said  superintendents,  giving 

advice  as  to  1 1 » « -  best  manner  of  conducting  schools,  construct- 
ing school-houses,  furnishing  the  same  and  procuring  competent 
teachers. 

£  7.  Said  -taif  superintendent  Bhall,  before  the  fifteenth  day  of 
December  of  every  year  preceding  that  in  which  Bhall  I"-  holden 
a  regular  session  <>t  the  general  assembly,  report  to  tin'  governor, 
the  condition  of  the  schools  in  the  several  counties  of  tne  Btate, 
the  whole  number  of  schools  which  have  been  taught  in  i  ach 
county  in  each  of  the  preceding  year-,  commencing  on  tlu-  first 
Monday  of  October;  what  part  of  said  number  have  been  taught 
by  males  exclusively;  what  part  by  females  exclusively;  what 
part  of  said  whole  number  have  been  taught  by  males  and  females 
ai  the  same  time;  and  what  part  by  male.-  and  female-  at  different 
periods;  the  number  of  scholars  in  attendance  at  Baid  schools;  the 
number  of  white  persons  in  each  county  under  twenty-one  yean 
of  age;  the  amount  of  township  and  county  fund;  the  amount  of 
the  interest  of  the  state  or  common  school  fund,  and  of  the  interest 
of  the  township  and  of  the  county  fund  annually  paid  out;  the 
amount  raised  by  an  ad  valorem  tax;  the  whole  amount  annually 
expended  for  schools;  the  number  of  school-houses,  their  kind  and 
condition;  the  number  of  townships  and  parts  of  town-hip-  in 
each  county;  the  number  and  descriptions  of  books  and  apparatus 
purchased  for  the  use  of  schools  and  school  libraries  under  the 
provisions  of  this  act,  the  prices  paid  for  the  same,  and  total 
amount  purchased,  and  what  quantity  and  how  distributed  ;  and 
the  Dumber  ami  condition  of  the  libraries,  together  with  such  other 
information  and  suggestions  as  he  may  deem  important  in  relation 
to  the  school  laws,  schools,  and  the  means  of  promoting  education 
throughout  the  Btate;  which  report  shall  be  laid  before  the  general 
assembly  at  each  regular  session. 

^  8.  The  said  state  superintendent  of  public  instruction  shall 
make  such  rules  and  regulations  as  he  may  think  necessary  and  ex- 
pedient to  carry  into  full  effect  the  provisions  of  this  act.  and  of  all 
tlu'  law-  which  now  are  or  may  hereafter  be  in  force  for  establish- 
ing and  maintaining  schools  in  this  state ;  and  the  said  superin- 


SCHOOL   LAWS    OF   ILLINOIS.  3 

tendent  shall  have  power,  and  it  shall  be  his  duty,  to  explain  and 
interpret  and  determine  to  all  county  superintendents,  directors, 
township  and  other  school  officers,  the  true  intent  and  meaning  of 
this  act,  and  their  several  duties  enjoined  thereby,  and  his  decision 
shall  be  final,  unless  otherwise  directed  by  the  legislature,  or 
reversed  by  a  court  of  competent  jurisdiction. 

§  9.  The  said  state  superintendent  shall  have  power  to  direct 
and  cause  the  county  superintendent  of  any  county,  directors  or 
board  of  trustees  or  township  treasurer  of  any  township,  or  other 
school  officer,  to  withhold  from  any  officer,  or  township,  or  teacher, 
any  part  of  the  common  school,  or  township,  or  other  school  fund, 
until  such  officer,  township,  or  teacher  shall  have  complied  with 
all  the  provisions  of  this  act  relating  to  his,  her  or  their  duties, 
and  such  rules  and  regulations  as  the  state  superintendent  may 
prescribe,  not  inconsistent  with  this  act ;  and  the  state  superinten- 
dent may  forbid  the  payment  of  any  part  of  the  common  school, 
township,  county  or  other  school  fund,  to  any  district  in  which  the 
school  or  schools  have  not  been  kept  according  to  law,  or  in  which 
no  school  has  been  kept  for  six  months  during  the  year  next  pre- 
ceding the  demand  for  payment. 

§  10.  And  the  said  state  superintendent  shall  receive  annually 
the  sum  of  twenty-five  hundred  dollars,  to  be  paid  quarterly,  as  a 
salary  for  the  services  required  under  the  provisions  of  this  act,  or 
any  other  law  that  may  be  passed,  and  also  for  all  necessary  con- 
tingent expenses,  for  books,  postage  and  stationery  pertaining  to 
his  office,  to  be  audited  and  paid  by  the  state,  as  the  salaries  and 
contingent  expenses  of  other  officers  are  paid. 

COUNTY    SUPERINTENDENTS THEIR    ELECTION    AND    DUTIES. 

§  11.  On  Tuesday  next  after  the  first  Monday  in  November 
next,  and  on  the  Tuesday  next  after  the  first  Monday  in  Novem- 
ber, every  four  (4)  years  thereafter,  there  shall  be  elected  by  the 
qualified  voters  of  every  county  in  this  state,  a  county  superintend- 
ent of  schools,  who  shall  perform  the  duties  required  by  law.  He 
shall,  before  entering  upon  his  duties,  take  an  oath  for  the  faithful 
discharge  of  the  same,  and  execute  a  bond,  payable  to  the  state  of 
Illinois,  with  two  or  more  responsible  freeholders  as  security,  to  be 
approved  by  the  county  court  or  board  of  supervisors,  in  penalty 
of  not  less  than  twelve  thousand  dollars,  to  be  increased  at  the  dis- 
cretion of  said  court  or  board  of  supervisors,  conditioned  that  he 
will  faithfully  perform  all  the  duties  of  his  office,  according  to  the 
laws  which  are  or  may  be  in  force;  by  which  bond  the  obligors 
shall  be  bound  jointly  and  severally,  and  upon  which  an  action  or 
actions  may  be  maintained  by  the  board  of  trustees  of  the  proper 
township,  for  the  benefit  of  any  township  or  fund  injured  by  any 
breach  thereof;  and  joint  action  may  be  had  for  two  or  more 


4  3<  BOOL    i. aw-    <>i     (LLINOI8. 

funds.  The  laid  county  superintendent!  of  schools  shall  be  rac- 
i  to  ili«'  school  commissioners,  as  heretofore  known  and 
noted  in  the  act  to  which  this  act  is  amendatory,  and  all  other 
acta  where  the  term  "school  commissioner "  i-  used;  and  all  rights 
of  property,  and  rights  and  causes  of  action,  existing  or  rested  in 
school  commissioners,  for  the  use  of  the  inhabitants  of  the  county, 
or  any  township  thereof,  or  any  pari  of  them,  shall  reel  in  the 
county  superintendents  of  Bchools,  as  successors,  in  as  full  and 
complete  ■■>  manner  as  was  vested  in  the  school  commissioners. 

£   II'.     The  bond  required  in  the  foregoing  section  .-hull  be  in 
the  following  form,  viz: 


>  ss. 


s  I  A  it.  OF  ILLINOIS, 

Coi  KIT. 

Know  all  iiKu  by  these  presents,  that  we,  A  B.,  C  D.  and  K.  F.,are  held  and 
flrmlj  bound,  jointly  and  severally,  unto  the  people  of  the  state  of  Illinois,  in  the 

ftenal  sum  of dollars,  to  the  paymenl  of  which  we  bind  ourselvt 
ators  and  administrators,  flrmlj  by  these  an 

In  u  itness  whereof,  we  bave  hereunto  set  our  hands  and  seals,  this day  of 

,  A.  1).,  186—. 

The  condition  of  the  above  obligation  is  such,  that  If  the  above  bounden  A.  15., 
county  superintendent  of  the  county  aforesaid,  shall  faithfully  discharge  all  the 
duties  of  said  office  according  to  the  laws  which  now  are,  or  may  hereafter  he  in 
force,  and  shall  deliver  over  to  his  successor  in  office  all  moneys,  hooks,  papers  and 
property  in  his  hands  as  Bucb  enmity  superintendent,  then  this  obligation  to  be  void  ; 
otherwise  to  remain  in  full  force  and  virtue. 


A B- 

C D- 

E P- 


BE  W.. 

SI  \i.. 
-I..W.. 


And  which  bond  shall  he  filed  in  the  office  of  the  county  court. 

£  13.  The  said  superintendent  shall  be  liable  to  removal  by  the 
county  court,  (or  in  counties  adopting  township  organization,  by 
the  board  of  supervisors,)  for  any  palpable  violation  of  law  or 
omission  of  duty;  and  if  a  majority  of*  said  court  or  board  of 
supervisors  shall  at  any  time  be  satisfied  that  his  bond  is  insuffi- 
cient, it  shall  be  his  duty,  on  notice,  to  execute  a  new  bond,  to  be 
payable,  conditioned  and  approved  as  the  first  bond,  the  execution 
of  which  shall  not  afiect  the  old  bond,  or  the  liability  of  the  secu- 
rity thereof;  and  when  the  office  of  county  superintendent  shall 
become  vacant  by  death,  resignation,  or  otherwise,  the  county 
court,  or  board  of  supervisors,  shall  fill  the  same  by  appointment 
for  the  unexpired  term,  and  the  person  so  appointed  shall  hold  his 
office  until  his  successor  shall  be  qualified. 

§  14.  The  said  superintendent  shall  provide  three  well  bound 
books,  to  be  known  and  designated  by  the  letters  A,  B,  C,  for  the 
following  purposes :  In  book  A  he  shall  record  at  length  all  peti- 
tions presented  to  him  for  the  sale  of  common  school  lands,  and 
the  plats  and  certificates  of  valuation  made  by  or  under  the  direc- 
tion of  the  trustees  vi'  schools,  and  the  affidavits  in  relation  to  the 
same.  In  book  1\  he  shall  keep  an  account  of  all  sales  of  common 
school  lands;  which  account  shall  contain  the  date  of  sale,  name 


SCHOOL   LAWS   OF   ILLINOIS.  0 

of  purchaser,  description  of  lands  sold,  and  the  sum  sold  for.  In 
book  C  he  shall  keep  a  regular  account  of  all  moneys  received  for 
lands  sold,  or  otherwise,  and  loaned  or  paid  out;  the  person  of 
whom  received,  and  on  what  account,  and  showing  whether  it  is 
principal  or  interest;  the  person  to  whom  loaned,  the  time  for 
which  the  loan  was  made,  the  rate  of  interest ;  the  names  of  the 
securities  when  personal  security  is  taken,  or  if  real  estate  is  taken 
as  security,  a  description  of  said  real  estate  ;  and  if  paid  out,  to 
whom,  when,  and  on  what  account,  and  the  amount  paid  out;  the 
list  of  sales,  and  the  accounts  of  each  fund  to  be  kept  separate. 
Said  book  shall  be  paid  for  out  of  the  county  treasury  of  the  coun- 
ties in  which  they  are  used. 

§  15.  Whenever  the  bond  of  the  township  treasurer,  approved 
by  the  board  of  trustees  of  schools,  as  required  by  law,  shall  be 
delivered  to  the  county  superintendent,  he  shall  carefully  examine 
the  same,  and  if  the  instrument  is  found  to  be  in  all  respects 
according  to  law,  and  the  securities  good  and  sufficient,  he  shall 
endorse  his  approval  thereon,  and  file  the  same  with  the  papers 
of  his  office  ;  but  if  said  bond  is  in  any  respect  defective,  he  shall 
return  it  for  correction.  When  the  bond  shall  have  been  duly 
received  and  filed,  the  superintendent  shall,  on  demand,  deliver 
to  said  township  treasurer,  all  moneys,  bonds,  mortgages,  notes 
and.  securities,  and  all  papers  of  every  description  belonging  to 
said  township  ;  and  the  said  township  treasurer  shall  receipt  for 
the  same,  which  receipt  shall  be  carefully  filed  and  preserved  by 
the  county  superintendent,  and  shall  be  evidence  of  the  fact 
therein  stated. 

§  16.  Upon  the  receipt  of  the  amount  due  upon  the  auditor's 
warrant,  the  county  superintendent  shall  apportion  one-third  of 
said  amount  to  the  several  townships  and  parts  of  townships  in  his 
county,  in  proportion  to  the  number  of  acres  therein,  and  the 
remaining  two-thirds  to  the  several  townships  and  fractional  town- 
ships in  his  county,  according  to  the  number  of  white  children, 
under  twenty-one  years  of  age,  returned  to  him,  in  which  town- 
ships or  parts  of  townships  schools  have  been  kept  in  accordance 
with  the  provisions  of  this  act,  and  with  the  instructions  of  the 
state  and  county  superintendents,  and  shall  pay  over  the  distribu- 
tive share  belonging  to  each  township  and  fractional  township,  to 
the  respective  township  treasurers,  or  other  authorized  persons, 
annually  ;  and  when  there  is  a  county  fund  in  the  hands  of  any 
county  superintendent,  he  shall  loan  the  same  at  any  rate  of  inter- 
est not  less  than  six  per  cent.,  nor  more  than  ten  per  cent.,  said 
rate  to  be  fixed  by  the  county  court  or  board  of  supervisors,  and 
apportion  the  interest  as  provided  in  this  section  :  Provided,  that 
no  part  of  the  state,  county,  or  other  school  fund  shall  be  paid  to 
any  township  treasurer  or  other  person,  authorized  by  said  treas- 
urer, unless  said  township  treasurer  has  filed  his  bond  as  required 


C  B(  BOOL    i. aw  -   01     ELLIHOIB. 

by  tin-  (ifi\  -fifth  section  of  the  act,  nor  in  case  said  treasurer  I 
appointed  bi  the  tru  tees,  unle  -  be  shall  bare  renewed  lii-  bond 
:i 1 1 ■  I  Bled  the    ame  b    afon  said. 

£  IV.  ( )n  or  before  the  second  Monday  of  November  before 
each  regular  session  of*  the  general  assembly,  or  annually,  if  so 
required  bj  the  state  superintendent,  the  county  superintendent 
■hall  communicate  to  -aid  state  superintendent  all  such  informa- 
tion and  statistics  upon  the  Bubjecl  of  Bchools  in  bis  county  as  the 
■aid  state  superintendent  is  bound  to  embody  in  his  report  to  the 
governor,  and  such  other  information  as  the  Btate  superintendent 
snail  require;  and  no  county  from  which  Buch  report  is  not  re- 
ceived in  the  manner  and  within  the  time  required  by  law,  shall 
be  entitled  to  any  part  of  the  Btate  school  fund  for  the  year  next 
succeeding  that  in  which  no  report  was  made  ;  and  the  county 
superintendent  bo  failing  or  refusing  to  report,  shall  be  liable  to 
removal  by  the  county  court  or  board  of  supervisors,  for  Buch 
neglect  of  duty:  Provided,  that  the  -rate  superintendent  may 
remit  the  forfeiture  of  funds  prescribed  in  this  section,  for  satisfac- 
i"]\  cause. 

^   Is1.     The  county  superintendent,  upon  his  removal  or  r 

nation,  or  at  the  expiration  of  his  term  of  service,  (or  in  ea.-e  of 
his  (hath,  his  representatives,)  shall  deliver  over  to  bis  successor 
in  office,  on  demand,  all  moneys,  hooks,  papers  and  personal 
property  belonging  to  the  office,  or  subject  to  the  control  or  dispo- 
sition of  the  county  superintendent. 

§  L9.  The  county  superintendent  may  loan  any  money,  not 
interest,  belonging  to  the  county  fund,  before  the  same  is  called 
for  according  to  law  by  the  township  treasurer,  at  the  same  rate 
of  interest,  upon  the  .-ame  security  and  for  the  same  length  of 
time  as  is  provided  by  this  act  in  relation  to  the  township  treas- 
urers :  and  note-  and  mortgages  taken  in  the  name  of  the  "  county 
superintendent'  of  the  proper  county,  shall  be,  and  all  loans 
heretofore  made  in  the  name  of  the  "school  commissioners,"  are 
hereby  declared  to  be  as  valid  as  if  taken  in  the  name  of  the 
"trustees  of  schools"  of  the  proper  township,  and  suits  may  be 
brought  in  the  name  of  the  "  county  superintendents  "  on  all  n 
and  mortgages  heretofore  or  hereafter  made  payable  to  county 
superintendents. 

§  20.  It  shall  be  the  duty  of  the  county  superintendent  to 
visit  every  school  in  his  county  at  least  once  each  vear.  and  oftener 
it' practicable,  and  to  note  the  methods  of  instruction,  the  branches 
taught,  the  text-books  used,  and  the  discipline,  government  and 
general  condition  of  the  schools.  He  .-hall  give  such  directions 
in  the  science,  art  and  method.-  of  teaching  as  he  may  deem  ex- 
pedient and  necessary,  and  shall  be  the  official  adviser  and  <-"U- 
stant  assistant  of  the  school  officers  and  teacher.-  of  bis  county, 
and  shall   faithfully   carry  out  the  advice  and  instructions  of  the 


SCHOOL,   LAWS    OF   ILLINOIS.  7 

state  superintendent.  He  shall  encourage  the  formation  and  assist 
in  the  management  of  county  teachers'  institutes,  and  labor  in 
every  practicable  way  to  elevate  the  standard  of  teaching  and  im- 
prove the  condition  of  the  common  schools  of  his  county.  In  all 
•controversies  arising  under  the  school  law,  the  opinion  and  advice 
of  the  county  superintendent  shall  first  be  sought,  whence  appeal 
may  be  taken  to  the  state  superintendent,  upon  a  written  state- 
ment of  facts,  certified  by  the  county  superintendent. 

§  21.  In  all  cases  where  the  township  board  of  trustees  of  any 
township  shall  fail  to  prepare  and  forward,  or  cause  to  be  prepared 
and  forwarded,  to  the  county  superintendent,  the  information  and 
statistics  required  of  them  in  this  act,  it  shall  be  the  duty  of  said 
county  superintendent  to  employ  a  competent  person  to  take 
the  enumeration  and  furnish  said  statistical  statement  as  far  as 
practicable,  to  the  superintendent ;  and  said  person  so  employed 
shall  have  free  access  to  the  books  and  papers  of  said  township,  to 
enable  him  to  make  such  statement ;  and  the  township  treasurer, 
or  other  officer  or  person  in  whose  custody  such  books  and  papers 
may  be,  shall  permit  said  person  to  examine  such  books  and  papers, 
at  such  times  and  places  as  such  person  may  desire  for  the  pur- 
poses aforesaid;  and  the  said  county  superintendent  shall  allow, 
and  pay,  to  the  person  so  employed  by  him,  for  the  services,  such 
amount  as  he  may  judge  reasonable,  out  of  any  money  which  is 
or  may  come  into  said  superintendent's  hands,  apportioned  as  the 
share  of,  or  belonging  to,  such  township  ;  and  the  said  county 
superintendent  shall  proceed  to  recover  and  collect  the  amount  so 
allowed  or  paid  for  such  services,  in  a  civil  action  before  any  jus- 
tice of  the  peace  in  the  county,  or  before  any  court  having  juris- 
diction, in  the  name  of  the  people  of  the  state  of  Illinois,  of  and 
against  the  trustees  of  schools  of  said  township,  in  their  individual 
capacity  ;  and  in  such  suit  or  suits  the  said  county  superintendent 
and  township  treasurer  shall  be  competent  witnesses ;  and  the 
money  so  recovered,  when  collected,  shall  be  paid  over  to  the 
county  superintendent  for  the  benefit  of  said  township,  to  replace 
the  money  as  taken  aforesaid. 

§  22.  When  any  real  estate  shall  have  been  taken  for  debts 
due  to  any  school  fund,  the  title  to  which  real  estate  has  become 
vested  in  any  county  superintendent,  or  trustees  of  schools,  for  the 
use  of  the  inhabitants  of  two  or  more  townships,  the  county  super- 
intendent may  re-sell  such  real  estate  for  the  benefit  of  said  town- 
ships, under  the  provisions  of  this  act  regulating  the  sale  of  the 
common  school  lands ;  and  the  said  superintendent  is  hereby 
authorized  to  execute  conveyances  to  purchasers ;  and  said  super- 
intendent Shall  be  entitled  to  retain  the  same  percentage  on  the 
amount  of  such  sale,  out  of  the  assets  thereof,  as  he  is  entitled  to 
for  selling  the  common  school  lands. 


B  B<  ii ■    LAWS    "i     ii 

i  :  i     i  i  EOOLf  . 

I      ',  .  aal   i"\\ n-lii|.   '     .       by   established  :i 

township  for  school  purpo  i  -.  The  business  of  the  township  shall 
be  done  by  three  trustees,  to  I"-  i  1<  cted  bj  the  legal  rotert  of  the 
township,  who,  upon  their  election,  as  hereinafter  provided,  shall 
be  a  body  politic  and  corporate,  bj  the  name  ancLstyleof  "tru 

township ,  range ,"  according  to  the  num- 

ber.  The  said  corporation  shall  bave  perpetual  existence,  shall 
power  i"  Bue  and  I"-  Bued,  t"  plead  and  be  impleaded,  in  all 
courts  and  places  where  judicial  proceedings  are  bad. 
trustees  shall  continue  in  office  three  ( 3 1  years,  and  until  others 
arc  elected  and  enter  upon  the  duties  <»f  their  office.  At  the  first 
regular  election  of  trustees,  after  the  passage  of  this  act,  three 
tni-iii-  shall  be  elected,  who  shall,  :it  their  first  meeting,  which 
.-hall  be  within  ten  days  after  said  election,  draw  Lots  for  their 

ii\c  terms  of  nil  ice,  for  one,  two  and  three  years,  and  t ! 
after  one  trustee  Bhall   be  elected  annually.     Jt'  hut  two  <>t'  the 
trustees  elect   shall   be  present   at   the  first  meeting  as  aforesaid, 
they  Bhall  draw  lots  as  aforesaid,  and  the  lot  not  drawn  .-hall  de- 
termine and  fix  the  term  of  office  of  the  remaining  tni-tec. 
£  24.     No  person  shall  he  eligible  to  the  cilice  of  trustee  of 

scln  mis,  unless  he  shall  he  twenty-one  years  of  age,  and  a  resident 
(•1    the  tn\\  oship. 

sj  25.  The  election  of  trustees  of  schools  -hall  be  on  the  -econd 
Monday  in  October,  annually;  hut  in  townships  where  Buch  elec- 
tion has  not  been  heretofore  hud,  or  where  there  are  no  trustees  of 
school-,  the  election  of  trustees  of*  schools  may  he  holden  on  any 
Monday  :  notice  being  given  as  hereinafter  in  this  section  required. 
The  first  election  shall  he  ordered,  if  in  townships  already  incor- 
porated, by  the  trustees  of  schools  of  the  township,  the  township 
treasurer  giving  notice  of  the  time  and  place  by  posting  up  notices 
of  the  same  at  least  ten  days  previous  to  the  day  of  election,  at  OX 
in  the  school-house,  or  in  the  most  public  place  in  every  school 
district  in  the  township.  If  there  are  no  trustees  of  school-  in  a 
township,  the  clerk  of  the  county  court  shall  cause  the  notice  to 
he  given  a-  aforesaid.  For  all  subsequent  election-,  the  like  no- 
tic,  -  .-hall  he  given  by  the  trustees  of  schools,  through  the  town- 
ship treasurer:  Provided,  that,  if  upon  any  day  appointed  as 
aforesaid,  tin-  election  aforesaid,  the  said  trustees  of  schools,  or 
judges,  -hall  he  of  opinion  that,  on  account  of  the  small  attendance 
of  voters,  the  public  good  requires  it,  or  if  the  voters  present,  or 
a  majority  of  them,  shall  desire  it,  they  shall  postpone  .-aid  election 
until  the  next  Monday,  and  at  the  same  place  and  hour:  at  which 
meeting  the  voters  shall  proceed  as  if  it  were  not  a  postponed  or 
adjourned  meeting  :      At'.^r    tided,  dUo,  that  if  notice   .-hall   not 

lane  been  given  as  above  required,  then,  and  in  that  case,  said 


SCHOOL   LAWS    OF   ILLINOIS.  9 

election  may  be  ordered,  as  aforesaid,  and  holden  on  the  first  Mon- 
day in  November,  or  any  other  Monday ;  notice  thereof  being 
given  as  aforesaid :  And,  provided,  cdso,  that  if  the  township 
treasurer  shall  fail  or  refuse  to  give  notice  of  the  regular  election 
of  trustees,  as  aforesaid,  and  if,  in  case  of  a  vacancy,  the  remain- 
ing trustee,  or  trustees,  shall  fail  or  refuse  to  order  an  election  to 
fill  such  vacancy,  as  required  in  section  twenty-nine  of  the  act, 
then,  and  in  each  case,  it  shall  be  the  duty  of  the  county  superin- 
tendent to  order  an  election  of  trustees,  or  to  fill  vacancies,  as 
aforesaid,  and  all  elections  so  ordered  and  held  shall  be  valid  to 
all  intents  and  purposes  whatever. 

§  26.  Two  of  the  trustees  of  schools  of  incorporated  townships, 
if  present,  shall  act  as  judges,  and  one  as  clerk  of  said  election. 
If  said  trustees  shall  fail  to  attend,  or  refuse  to  act  when  present, 
and  in  townships  unincorporated,  the  qualified  voters  present  shall 
choose  from  among  themselves,  three  judges  and  a  clerk  to  open 
and  conduct  such  election. 

§  27.  The  time  and  manner  of  opening,  conducting  and  clos- 
ing said  election,  and  the  several  liabilities  appertaining  to  the 
judges  and  clerks,  and  to  the  voters  separately  and  collectively, 
and  the  manner  of  contesting  said  elections  shall  be  the  same  as 
prescribed  by  the  general  election  laws  of  this  state,  defining  the 
manner  of  electing  magistrates  and  constables,  so  far  as  applicable, 
subject  to  the  provisions  of  this  act :  Provided,  the  judges  may 
close  said  election  at  four  o'clock  p.  m. 

§  28.  No  person  shall  vote  at  said  election  unless  he  possesses 
the  qualification  of  a  voter  at  a  general  election.  In  case  of  a  tie 
at  such  election  it  shall  be  determined  by  lot,  on  the  day  of  elec- 
tion, by  the  judges  thereof. 

§  29.  "When  a  vacancy  or  vacancies  shall  occur  in  the  board 
of  trustees  of  schools,  the  remaining  trustee  or  trustees  shall  order 
an  election  to  fill  such  vacancy,  upon  any  Monday ;  notice  to  be 
given  as  required  in  section  twenty-five  hereof. 

§  30.  Upon  the  election  of  trustees  of  schools,  the  judges  of 
the  election  shall  cause  the  poll  book  of  said  election  to  be  delivered 
to  the  county  superintendent  of  the  county,  with  a  certificate 
thereon,  showing  the  election  of  said  trustees  and  names  of  the 
persons  elected ;  which  poll  book,  with  the  certificate,  shall  be  filed 
by  said  superintendent,  and  shall  be  evidence  of  such  election. 

§  31.  The  said  trustees  of  schools,  elected  as  aforesaid,  shall 
be  successors  to  the  trustees  of  school  lands,  appointed  by  the 
county  commissioners'  court,  and  of  trustees  of  schools  elected  in 
townships,  under  the  provisions  of  "  An  act  making  provisions  for 
organizing  and  maintaining  common  schools,"  approved  February 
26,  1841^  and  of  "An  act  to  establish  and  maintain  common 
schools,"  approved  March  1,  1847.  All  rights  of  property,  and 
rights  and  causes  of  action,  existing  or  vested  in  the  trustees  of 


10  HOOI    LAH      01     [LLIHOI8. 

school  lands,  or  ti  whools  appointed  or  elected  at  afore- 

- ; i i . I ,  for  the  use  of  the  inhabitanta  or  the  township,  or  am  pari  of 
tli.  in,  shall   \'  it  iii  the  tru»tcce  of  Bchoola  ae  su<  in  as  full 

:,i,,|  c plete  a  manner  aa  waa  vested  in  the  school  commissioner, 

(the  tru  I  boo!  lands,)  or  the  trusteea  of  schools  appoi 

:iu<l  el(  ctcd  a  lid. 

I  i,  ,11  |,.  the  duty  of  the  board  of  trusteea  t"  hold 
cmi-annual  meetings  on  the  first  Mondays  of  April  :m<l 
October,  and  special  meetings  may  be  held  at  ~u«li  other  timi 
they  may  think  proper.  Special  meetings  of  the  board  may  be 
called  by  Ae  presiaenl  or  any  two  membera  thereof,  and  :it  all 
meetings,  two  membera  of  the  board  shall  be  a  quorum  for  business. 
The  board  shall  organize  by  appointing  one  of  their  number  | 
dent,  and  Borne  person,  who  Bbafl  not  !><■  h  director  or  trustee,  treas- 
urer, who  shall  be,  ex-offieio,  clerk  of  the  board.  The  president 
shall  hold  hie  office  for  one  year,  ami  tin-  treasurer  for  two  ;• 
and  until  their  successors  are  appointed ;  but  either  of  — :  1 1  •  1  officers 
may  !><■  removed  by  the  board  for  good  cause.  It  .-hull  be  tin-  duty 
of  tin'  president  t<>  preside  at  tin'  meetings  of  the  board  :  ami  it 
shall  be  tin1  duty  of  the  clerk  to  In-  present  at  all  meetings  of  the 
board,  ami  to  record  in  a  hook  to  he  provided  for  that  purpose,  all 
their  official  proceedings,  which  shall  he  a  public  record,  open  to 
the  inspection  of  any  person  interested  therein  :  and  all  of  .-aid 
proceedings,  when  recorded,  shall  he  signed  by  the  president  and 
clerk.  If  the  president  or  clerk  shall  be  absent,  or  refuse  to  per- 
form any  of  the  duties  of  his  office  at  any  meeting  of  the  board, 
a  president  or  clerk,  />n>  tempore,  may  he  appointed. 

ij  33.  Trustees  of  schools  shall  lay  off  the  township  into  one 
or  more  districts,  to  suit  the  wishes  and  convenience  of  a  majority 
of  the  inhabitants  of  their  township,  and  shall  prepare,  or  cause 
to  he  prepared,  a  map  of  their  township,  as  often  as  may  he  neces- 
sary, on  which  map  shall  he  designated  district  or  districts,  to  be 

Btj  led,  "  district  No. ,  in  township  No. ,"  which  districts 

tlu\  may  alter  or  change  at  any  regular  session  :  which  map  shall 
;  tilied  by  the  president  and  clerk  of  the  board,  and  filed  with 
and   recorded  by  the  county  clerk,  in  a  book  to  he   kept  tor  that 
purpose,  to  he  paid  for  out  of  the  county  treasury  :    I  .  thai 

Bchool  districts  may  he  formed  out  of  parts  of  two  or  more  town- 
ships, or  fractional  townships,  in  which  case  the  trustees  of  schools 
of  the  town-hips  interested,  shall  concur  in  the  formation  of  such 
districts.  When  a  new  district  is  formed  from  one  or  more  dis- 
tricts, the  trustees  of  the  township  or  townships  concerned,  shall 
make  division  oi'  any  tax  fund.-,  or  other  funds  which  art'  or  may 
he  in  the  hands  of  the  township  treasurer  or  treasurers,  in  propor- 
tion to  the  amount  of  taxes  collected  from  the  property  remaining 
in  each  district,  and  all  Bchool  property  belonging  to  the  district 
or  districts  out  of  which  the  new  district  is  formed  shall  be  ap- 


SCHOOL    LAWS    OF    ILLINOIS.  11 

praised  in  a  just  and  equitable  manner,  and  the  estimated  value 
shall  be  distributed  by  the  trustees  among  the  districts  concerned, 
in  proportion  to  the  amount  of  taxable  property  remaining  in  each  ; 
and  the  town  treasurer  or  treasurers  shall  forthwith  place  the  sum 
so  distributed  to  the  credit  of  the  respective  districts,  subject  to 
the  order  of  the  directors  thereof:  Provided,  that  the  funds  on 
hand  shall  be  divided  at  the  time  such  new  district  is  formed,  and 
that  all  funds  payable,  but  not  yet  received  by  the  treasurer  or 
treasurers,  shall  be  divided  as  soon  as  received,  and  that  the  school 
property  shall  be  appraised  and  apportioned  as  aforesaid  within 
three  months  from  the  formation  of  such  new  district/  And  when 
any  two  or  more  districts  shall  be  consolidated  into  one,  the  new 
district  shall  own  all  the  corporate  property  and  funds  of  the 
several  districts. 

§  34.  At  the  regular  semi-annual  meetings  on  the  first  Mon- 
days of  April  and  October,  the  trustees  shall  ascertain  the  amount 
of  state,  county  and  township  funds  on  hand  and  subject  to  distri- 
bution, and  shall  apportion  the  same  as  follows ;  First,  two  per 
cent,  to  the  township  treasurer.  Second,  whatever  may  be  due  for 
the  books  of  the  treasurer,  and  such  sum  as  may  be  deemed  reason- 
able for  dividing  school  lands,  making  plats,  etc.  Third,  of  the 
remainder,  one-half  shall  be  divided  among  the  districts  in  propor- 
tion to  the  number  of  children  under  twenty-one  years  of  age  in 
each,  and  the  other  half  in  proportion  to  the  attendance  certified 
in  the  schedules.  The  funds  thus  apportioned  shall  be  placed  on 
the  books  of  the  treasurer  to  the  credit  of  the  respective  districts, 
and  the  same  shall  be  paid  out  by  the  treasurer  on  the  legal  orders 
of  the  directors  of  the  proper  districts. 

§  35.  Pupils  shall  not  be  transferred  from  one  district  to  an- 
other without  the  written  consent  of  a  majority  of  the  directors  of 
both  districts  ;  which  written  permits  shall  be  delivered  to  and  filed 
by4  the  proper  township  treasurer,  and  shall  be  evidence  of  such 
consent.  A  separate  schedule  shall  be  kept  for  each  district,  and 
in  each  schedule  shall  be  certified  the  proper  amount  due  the 
teacher  from  that  district,  computed  upon  the  basis  of  the  total 
number  of  days'  attendance  of  all  the  schedules.  If  the  districts 
from  which  the  pupils  are  transferred  are  in  the  same  township  as 
the  district  in  which  the  school  is  taught,  the  directors  of  said  dis- 
trict shall  deliver  the  separate  schedules  to  their  township  treas- 
urer, Avho  shall  credit  the  district  in  which  the  school  was  taught, 
and  charge  the  other  districts  with  the  respective  amounts  certified 
in  separate  schedules  to  be  due.  If  pupils  are  transferred  from  a 
district  of  another  township,  the  schedule  for  that  district  shall  be 
delivered  to  the  directors  thereof,  who  shall  immediately  draw  an 
order  on  their  treasurer,  in  favor  of  the  teacher,  for  the  amount 
certified  to  be  due  in  said  separate  schedules.  A  majority  of  the 
directors  of  each  of  two  or  more  districts  may  consolidate  said 


!_'  fOOL    LA*      01    [LLIN0I8. 

distrii  I  and  appoinl  three  directors  for  the  union  district  bo  formed, 
who  shall  be  styled,  "  directors  of  union  district  No. ,  town- 
ship No.-  i  who  shall  have  all  the  powers  conferred  by  law 
upon  other  school  directors.  The  proceedings  of  the  act  or  conr 
eolidation  shall  !>«•  signed  by  a  majority  of  each  of  the  concurring 
boards  of  directors,  and  delivered  to  the  trustees  of  the  proper 
township,  and  shall  be  evidence  of  such  consolidation ;  and  upon 
receiving  o  copy  of  said  proceedings,  it  shall  be  1 1 1 < -  duty  of  the 
trustees  to  change  tin1  map  of  the  township  in  accordance  there- 
with, and  file  the  same  with  the  clerk  of  the  county  court.  The 
separate  boards  of  directors  shall  then  be  dissolved,  and  the  union 
directors  shall  draw  lots  for  their  respective  terms  of  "Hire  and  be 
thereafter  circled  as  provided  in  the  forty-second  section  of  the  act. 
£  86.  The  board  of  trustees  of  each  township  in  this  Btate 
Bhall  prepare,  <>r  cause  to  be  prepared,  by  the  township  treasurer, 
the  clerk  of  the  board,  or  other  person,  and  forwarded  to  the  county 
superintendents  of  the  county  in  which  the  township  lies,  on  or 
berore  the  second  Monday  of  October,  preceding  each  regular 
Bession  of  the  general  assembly  of  this  state,  and  at  such  other 
times  as  may  he  required  by  the  county  superintendent,  or  by  the 
state  superintendent  of  public  instruction,  a  -tatement  exhibiting 
the  condition  of  schools  in  their  respective  townships  for  the  pre- 
ceding biennial  period,  giving  separately  each  year,  commencing 
on  the  tirst  Mondays  of  October,  and  ending  on  the  last  of  Sep- 
tember; which  statement  shall  be  as  follows:  First,  the  whole 
number  of  schools  which  have  been  taught  in  cadi  year  :  what 
part  of  said  schools  have  been  taught  by  males  exclusively  :  what 
part  have  been  taught  by  females  exclusively;  what  part  of  Baid 
whole  number  have  been  taught  by  males  and  females  at  the  same 
time,  and  what  part  by  males  and  females  at  different  periods. 
Second,  the  whole  number  of  scholars  in  attendance  at  all  the 
schools,  giving  the  number  of  males  and  females  separately. 
Third,  the  number  of  male  and  female  teachers,  giving  each  sepa- 
rately :  the  highest,  lowest,  and  average  monthly  compensation 
?aid  to  male  and  female  teachers,  giving  each  item  separately. 
'mirth,  the  number  of  persons  under  twenty-one  years  of  age. 
Fifth,  the  amount  of  the  principal  of  the  township  fund:  the 
amount  of  the  interest  on  the  township  fund  paid  into  the  town- 
ship treasury:  the  amount  of  state  or  common  school  fund  re- 
ceived by  the  town-hip  treasurer  :  the  amount  raised  by 
tax  and  the  amount  of  such  tax  received  into  the  township  I 
ury,  and  the  amount  of  all  other  funds  received  into  the  town- 
ship treasury.  Sixth,  amount  paid  for  teachers'  wages:  the 
amount  paid  for  school-house  lots ;  the  amount  paid  for  building, 
repairing,  purchasing,  renting  and  furnishing  Bchool-houses  :  the 
amount  paid  for  school  apparatus,  for  books  and  other  incidental 
expenses  for  the  Use  of  school  libraries:  the  amount  paid  as  com- 


SCHOOL   LAWS   OF   ILLINOIS.  13 

pensation  to  township  officers  and  others.  Seventh,  the  whole 
amount  of  the  receipts  and'  expenditures  for  school  purposes, 
together  with  such  other  statistics  and  information  in  regard  to 
schools  as  the  state  superintendent  or  county  superintendent  may- 
require.  And  any  township  from  which  such  report  is  not  received 
in  the  manner  and  time  required  by  law,  shall  forfeit  its  portion  ot 
the  public  funds  for  the  next  ensuing  year :  Provided,  that  upon 
the  recommendation  of  the  county  superintendent,  or  for  good  and 
sufficient  reasons,  the  state  superintendent  may  remit  such  forfeiture. 

§  37.  In  all  cases  where  a  township  is  or  shall  be  divided  by  a 
county  line  or  lines,  the  board  of  trustees  of  such  township  shall 
make  or  cause  to  be  made,  separate  enumerations  of  male  and 
female  white  persons  of  the  ages  as  directed  in  the  foregoing  sec- 
tion of  this  act,  designating  separately  the  number  residing  in  each 
of  the  counties  in  which  such  may  lie,  and  forward  each  respective 
number  to  the  proper  county  superintendent  of  each  of  said  coun- 
ties ;  and  in  like  manner,  as  far  as  practicable,  all  other  statistics 
and  information  enumerated  and  required  to  be  reported  in  the 
aforesaid  section,  shall  be  separately  reported  to  the  several  county 
superintendents ;  and  all  such  parts  of  said  statistical  information 
as  are  not  susceptible  of  division,  and  are  impracticable  to  be  re- 
ported separately,  shall  be  reported  to  the  county  superintendent 
of  the  county  in  which  the  sixteenth  section  of  such  township  is 
situated. 

§  38.  At  each  semi-annual  meeting,  and  at  such  other  meet- 
ings as  they  may  think  proper,  the  said  township  board  shall  ex- 
amine all  books,  notes,  mortgages,  securities,  papers,  moneys  and 
effects  of  the  corporation,  and  the  accounts  and  vouchers  of  the 
township  treasurer,  or  other  township  school  officer,  and  shall 
make  such  order  theron  for  their  security,  preservation,  collection, 
correction  of  errors,  if  any,  and  for  their  proper  management,  as 
may  seem  to  said  board  necessary. 

§  39.  The  board  of  trustees  of  each  township  in  the  state  may 
receive  any  gift,  grant,  donation  or  demise  made  for  the  use  of  any 
school  or  schools,  or  library,  or  other  school  purposes  within  their 
jurisdiction ;  and  they  shall  be,  and  are  hereby  invested  in  their 
corporate  capacity,  with  the  title,  care  and  custody  of  all  school- 
houses  and  school-house  sites ;  but  the  supervision  and  control  of 
them  is  expressly  vested  in  the  directors  of  each  district  in  which 
said  property  is  situated ;  and  when,  in  the  opinion  of  the  school 
directors,  the  school-house  site  has  become  unnecessary,  or  unsuit- 
able, or  inconvenient  for  a  school,  said  board  shall  sell  and  convey 
the  same  in  the  name  of  the  said  board,  after  giving  at  least  twenty 
days'  notice  of  such  sale,  by  posting  up  written  or  printed  notices 
thereof,  particularly  describing  said  property  and  terms  of  sale, 
and  such  conveyance  shall  be  executed  by  the  president  and  clerk 
of  said  board,  and  the  avails  shall  be  paid  over  to  the  township 


1  I  BOOL   LAW!   01    [LLDTOXB. 

urer  for  the  benefit  of  said  district,  and  all  conveyance 
real  e  i  tte  which  may  be  made  to  laid  board  shall  be  made  to  — = » i  *  i 
board  in  their  corporate  name,  and  to  their  successor!  in  office. 

§  10.  The  township  board  shall  cause  all  moneys  for  the  nee 
of  the  townships  to  be  paid  over  to  the  township  treasurer. 
They  shall  have  power,  also,  to  remove  1 1  > < -  township  treasurer  at 
any  time,  for  any  failure  <>r  refusal  to  execute  or  comply  with  any 
order  or  requisition  of  Baid  board,  legally  made,  or  any  other  im- 
proper conduct  in  the  discharge  of  his  duty  ae  treasurer,  or  at  any 
time  they  may  deem  Buch  removal  expedient.  They  shall  also 
li.i\ e  pot* er,  for  any  failure  or  refusal  as  aforesaid,  to  sue  him  upon 
hi-  bond. 

^  II.  The  township  trustees  are  hereby  vested  with  general 
power  and  authority  to  purchase  real  estate,  if  in  their  opinion  the 
interests  of  the  township  fund  will  be  promoted  thereby,  in  satis- 
faction of  any  judgment  or  decree  wherein  the  said  board  or 
county  superintendent  arc  plaintiffs  or  complainants ;  and  the  title 
of  such  real  estate  bo  purchased  shall  vest  in  Baid  board,  for  the 
use  of  the  inhabitants  of  said  township,  for  school  purposes  ;  and 
all  purchases  of  land  heretofore  made  by  county  superintendents, 
or  trustees  of  school  lands,  or  trustees  of  schools,  tor  the  use  of 
any  fund  or  township  for  the  use  of  schools,  are  hereby  declared 
valid.  The  said  board  arc  hereby  vested  with  general  power  and 
authority  to  make  all  settlements  with  persons  indebted  to  them 
in  their  official  capacity;  or  receive  deeds  of  real  estate  in  com- 
promise ;  and  to  cancel  in  such  manner  as  they  may  think  proper, 
notes,  bonds,  mortgages,  judgments  and  decrees,  existing,  or  that 
may  hereafter  exist,  for  the  benefit  of  the  township,  when  the  in- 
terest of  said  township,  or  the  fund  concerned,  shall,  in  their 
opinion,  require  it ;  and  their  action  shall  be  valid.  Said  board 
of  trustees  are  hereby  authorized  to  sell  or  lease,  at  public  auction, 
any  land  that  may  come  into  their  possession,  in  such  manner  and 
on  such  terms,  as  they  shall  deem  for  the  interest  of  the  township : 
/'  -.'■/../,  that  in  all  cases  of  sale  of  land,  as  provided  in  thifi 
tion,  the  sale  shall  be  made  at  the  same  place,  and  notice  given  of 
it  in  the  same  manner  as  is  provided  in  this  act  for  the  sale  of  the 
sixteenth  section. 

SCHOOL    DIRECTORS — THEIR   ELECTION   AND    DUTIES. 

§  42.  The  annual  election  of  school  directors  shall  be  on  the 
first  Monday  of  August,  when  one  director  shall  be  elected  in  each 
district,  who  shall  hold  his  office  for  three  years,  and  until  his 
successor  is  elected.  In  new  districts  the  first  election  may  be  on 
any  Monday,  notice  being  given  by  the  township  treasurer,  as  for 
the  election  of  trustees,  when  three  directors  shall  be  elected,  who 
shall,  at  their  first  meeting,  draw  lots  for  their  respective  terms  of 


SCHOOL   LAWS   OF   ILLINOIS.  15 

office,  for  one,  two,  and  three  years.  "When  vacancies  occur,  the 
remaining  director  or  directors  shall,  without  delay,  order  an 
election  to  fill  such  vacancies.  Notices  of  all  elections  in  organ- 
ized districts  shall  be  given  by  the  directors,  at  least  ten  days  pre- 
vious to  the  day  of  said  election.  Said  notices  shall  be  posted  in 
at  least  three  of  the  most  public  places  in  the  district,  and  shall 
specify  the  place  where  such  election  is  to  be  held,  the  time  of 
opening  and  closing  the  polls,  and  the  question  or  questions  to  be 
voted  on.  Two  of  the  directors  shall  act  as  judges  and  one  as 
clerk  of  said  election.  But,  if  said  directors  shall  fail  to  attend, 
or  refuse  to  act,  when  present,  and  in  unorganized  districts,  the 
legal  voters  when  assembled  shall  choose  three  of  their  number  to 
act  as  judges,  and  one  as  clerk  of  said  election:  Provided,  that 
if  upon  the  day  appointed  for  said  election,  the  said  directors  or 
judges  shall  be  of  opinion,  that,  on  account  of  the  small  attendance 
of  voters,  the  public  good  requires  it,  or  if  the  voters  present,  or 
a  majority  of  them,  shall  desire  it,  they  shall  postpone  said  election 
until  the  next  Monday,  at  the  same  place  and  hour,  when  the 
voters  shall  proceed  as  if  it  were  not  an  adjourned  meeting :  And 
provided,  also,  that  if  notice  shall  not  have  been  given,  as  above 
required,  then  said  election  may  be  ordered  as  aforesaid,  and  holden 
on  the  third  Monday  in  August,  or  any  other  Monday,  notice 
thereof  being  given  as  aforesaid.  In  case  of  a  tie  the  judges  shall 
decide  it,  by  lot,  on  the  day  of  election.  The  directors  shall  ap- 
point one  of  their  number  clerk,  who  shall  keep  a  record  of  all  the 
official  acts  of  the  board,  in  a  well  bound  book,  provided  for  the 
purpose  ;  which  record  shall  be  submitted  to  the  township  treas- 
urer, for  his  inspection  and  approval,  on  the  first  Mondays  of 
April  and  October,  and  at  such  other  times  as  the  township  treas- 
urer may  require.  Directors  are  authorized  to  use  any  funds 
belonging  to  their  district,  and  not  otherwise  appropriated,  for  the 
purchase  of  a  suitable  book  for  their  records,  and  the  said  records 
shall  be  kept  in  a  punctual,  orderly  and  reliable  manner.  No 
person  shall  be  entitled  to  vote  at  any  district  election,  on  the 
question  of  raising  money,  unless  he  shall  have  resided  in  the  dis- 
trict at  least  thirty  days  immediately  preceding  said  election,  nor 
unless  he  shall  have  paid  a  tax  in  said  district  the  preceding 
year,  or  shall  have  been  assessed  in  such  district  for  the  year  in 
which  such  election  is  held.  After  every  election  of  directors, 
the  judges  shall  cause  the  poll  book  to  be  delivered  to  the  town- 
ship treasurer,  with  a  certificate  thereon  showing  the  election  of 
said  directors  and  the  names  of  the  persons  elected ;  which  poll 
book  shall  be  filed  by  the  township  treasurer,  and  shall  be  evidence 
of  said  election.  If  any  trustee  or  director  shall  not  be  an  inhab- 
itant of  the  district  or  township  which,  he  represents,  an  election 
shall  be  ordered  to  fill  the  vacancy,  and  no  person  shall  be  at  the 
same  time  a  director  and  trustee,  nor  shall  a  director  or  trustee  be 


18  SOOI   LAWB   OP   ii.i.inoIS. 

intere  ted  in  «ny  contrad  made  by  the  board  of  which  h< 
member.  Should  the  director!  fail  or  refuse  to  order  any  regular 
of  pecial  election,  ai  aforesaid,  it  shall  be  the  duty  of  the  town- 
ship  treasurer  to  order  such  election,  and  if  be  fails  to  do  so,  then 
ii  ball  I"-  the  duty  of  the  county  superintendent  to  order  such 
election  of  directors,  within  ten  days,  in  each  case,  of  sucb  failure 
or  refusal :  and  the  election  held  in  pursuance  of  such  order  shall 
be  valid,  the    ame  at  if  ordered  by  the  directors. 

ij  |:;.  For  the  purpose  of  establishing  :m<l  supporting  free 
schools  for  sis  months,  and  defraying  all  the  expenses  of  the  same, 
of  even  description;  for  the  purpose  of  repairing  and  improving 
sol l-nouses  j  of  procuring  furniture,  fuel,  Libraries  and  appara- 
tus :  and  for  all  other  accessary  incidental  expenses,  the  directors  of 
each  district  shall  be  authorized  to  levy  a  tax  annually  upon  :ill 
the  taxable  property  of  the  district.  They  may  also  appropriate 
to  the  purchase  oi  libraries  and  apparatus,  any  surplus  funds, 
after  |  all  |  necessary  school  expenses  are  paid. 

6  II.  The  directors  of  each  district  shall  ascertain,  as  nearly 
as  practicable,  annually,  how  much  money  must  be  raised  by  special 
tax  for  school  purposes  during  the  ensuing  year.  They  shall  then 
find  what  rate  per  cent,  this  amount  will  require  to  be  levied  upon 
the  taxable  property,  real  and  personal,  of  the  district,  which  rate, 
with  a  list  of  the  resident  tax-payers,  alphabetically  arranged, 
shall  be  certified  and  returned  to  the  township  treasurer,  on  or  be- 
fore  the  first  Monday  of  September,  annually.  The  certificate  of 
the  directors  may  be  in  the  following  form,  viz: 

We  hereby  certify  that  wo  require  the  rate  of to  he  levied  as  a  special 

tax  for  school  purposes,  on  the  taxable  property  of  our  district,  for  the  year  18 — . 

Given  under  our  hands  this day  of  .  18 — . 

Directors  district  No.  — ,  township 
No.  — ,  range  NTo.  — ,  county 
of — ,  and  State  of  Illinois. 

It  shall  be  the  duty  of  the  township  treasurer  to  return  said 
certificate  and  lists  of  tax-payers  to  the  clerk  of  the  county  court 
on  or  before  the  second  Monday  of  September ;  and  whenever  the 
boundaries  of  the  districts  of  the  township  shall  have  been  changed, 
the  township  treasurer  shall  return  to  the  clerk  of  the  county 
court,  with  the  certificates  and  lists  aforesaid,  a  map  of  the  town- 
ship, showing  such  changes,  and  certified  as  required  in  the  thirty- 
third  (33d)  section  of  the  act.  When  a  district  lies  in  two  or 
more  counties,  the  directors  shall  determine  and  certify  the  rates 
to  be  levied  on  the  taxable  property  lying  in  each  county,  and  re- 
turn the  same,  with  separate  lists  of  resident  tax-payers,  to  the 
township  treasurer,  who  shall  return  them  to  the  respective  county 
clerks,  as  hereinbefore  provided. 

§  45.  According  to  the  rate  or  rates  certified  as  aforesaid,  the 
said  county  clerk,  when  making  out  the  tax  books  for  the  eollec- 


SCHOOL    LAWS    OF   ILLINOIS.  17 

tor,  should  compute  each  taxable  pei*son's  tax  in  said  district, 
taking  as  a  basis  the  total  amount  of  taxable  property  returned  by 
the  county  assessor  for  that  year,  lying  and  being  in  said  district, 
whether  belonging  to  residents  or  non-residents,  and  also  each  and 
every  tract  of  land  assessed  by  the  assessor,  which  lies,  or  the 
largest  part  of  which  lies  in  said  district.  The  said  county  clerk 
shall  cause  each  person's  tax  so  computed  to  be  set  upon  the  tax 
book  to  be  delivered  to  the  collector  for  that  year,  in  a  separate 
column,  against  each  tax-payer's  name,  or  parcel  of  taxable  prop- 
erty, as  it  appears  in  said  collector's  book,  to  be  collected  in  the 
same  manner,  and  at  the  same  time,  and  by  the  same  persons,  as 
state  and  county  taxes  are  collected:  Provided,  the  assessments 
so  made  in  the  years  intervening  between  the  regular  biennial 
assessments  of  real  estate,  as  provided  in  the  revenue  acts,  shall 
be  based  upon  the  tax-payer's  real  estate  as  assessed  at  the  regular 
biennial  assessment.  The  computations  of  each  person's  tax,  and 
the  levy  made  by  the  clerk  as  aforesaid,  shall  be  final  and  con- 
clusive :  Provided,  further,  the  rate  shall  be  uniform  and  not 
exceed  the  rate  certified  by  the  board  of  directors ;  and  the  said 
county  clerk,  before  delivering  the  tax  book  to  the  collector,  shall 
make  out  and  deliver,  on  demand,  to  each  township  treasurer  of 
the  respective  townships  in  the  county,  a  certificate  of  the  amount 
due  each  district  in  his  township  of  said  tax  so  levied  and  placed 
upon  the  tax  books ;  and  on  or  before  the  first  day  of  April  next 
after  the  delivery  of  the  tax  books  containing  the  computation 
and  levy  of  said  taxes  aforesaid,  or  as  soon  thereafter  as  the  town- 
ship treasurer  shall  present  the  said  certificate  of  the  amount  of 
said  tax,  and  make  a  demand  therefor,  the  said  collector  shall  pay 
to  said  township  treasurer  the  full  amount  of  said  tax  so  certified 
by  the  county  clerk,  retaining  from  said  amount  only  two  per 
centum  as  his  fees  for  collection,  taking  of  the  township  treasurer 
his  receipt  therefor,  which  receipt  shall  be  evidence,  as  well  in 
favor  of  the  collector  as  against  the  township  treasurer ;  and  said 
treasurer  shall  enter  the  same  in  his  books,  under  the  proper 
heads,  and  pay  the  same  out  as  provided  for  by  this  act.  When 
a  district  is  composed  of  parts  of  two  or  more  townships,  the 
directors  shall  determine  and  inform  the  collector  in  writing,  un- 
der their  hands  as  directors,  which  of  the  treasurers  of  the  town- 
ships from  which  their  district  is  formed  shall  demand  and  receive 
the  tax  money  collected  by  the  county  collector  as  aforesaid. 

§  46.  If  any  collector  shall  fail  to  pay  the  amount  of  said  tax, 
or  any  part  thereof,  as  required  in  the  aforesaid  section,  it  shall  be 
competent  for  the  township  treasurer,  or  other  authorized  persons, 
to  proceed  against  such  collector  and  his  securities  in  an  action  of 
debt  in  the  county  court ;  which  court  is  hereby  vested  with  full 
power  and  authority  to  hear  and  determine  all  such  suits,  render 
judgments  and  issue  execution  ;  or  said  suit  may  be  brought  in  any 
2 


is  BOOL    IAH      "I     n.i.iN' 

other  court  having  jurisdiction  |  and  the  said  collector,  win  default, 
shall  pay  twelve  per  centum  upon  the  amounl  due,  to  I"-  ■■<-  • 
ai  damages,  which  shall  be  included  in  the  judgment  rendered 
againsl  him:  Provided,  no  collector  shall  be  liable  for  such  part 
o?  sai<l  tax  as  be  shall  be  ahle  i«>  make  appear  he  could  not  have 
collected  by  law,  until  he  may  be  able  to  bo  collect  such  amount. 
^  it.  For  the  purpose  of  building  school-houses,  or  purchas- 
ing school  sites,  or  for  repairing  ana  improving  the  same,  the 
directors,  by  a  rote  of  the  people,  may  borrow  money,  issuing 
bonds,  executed  by  the  officers,  or  at  least  two  members  of  the 
board,  in  sums  of  ool  less  than  one  hundred  dollar-:  but  the  rate 
of  interest  shall  not  exceed  ten  per  cent.;  nor  shall  the  sum  bor- 
rowed in  any  one  year  exceed  five  per  cent,  of  the  taxable  prop- 
erty  of  the   di8tric1  ;    OOr  Bhall    the   tax    levied    in   any   one   year, 

for  building  Bchool-houses,  exceed  three  per  cent.  [of. -aid  taxable 
property}. 

6    18.     The   directors   of   each   district  are  hereby  declared  a 
body  politic   and    corporate,  by  the  name  of  "school   director-  of 

district  No.  ,  township  No.  ,  county  of ,  and  state 

of  Illinois,''  and  by  that  name  may  sue  and  be  sued  in  all  courts 
and  places  whatever.  Two  directors  shall  be  a  quorum  for  busi- 
ness. The  directors  shall  be  liable,  as  directors,  for  the  balance 
due  teachers,  and  for  all  debts  legally  contracted.  They  shall 
establish  and  keep  in  operation,  for  at  least  six  months  in  each 
year,  and  longer,  if  practicable, a  sufficient  number  of  free  schools 
for  the  proper  accommodation  of  all  the  children  in  the  district 
over  the  age  of  six  and  under  twenty-one  years;  They  may 
adopt  and  enforce  all  necessary  rules  and  regulations  for  the  man- 
agement and  government  of  the  schools,  and  shall  visit  and  inspect 
the  same  as  often  as  practicable.  They  shall  appoint  all  teachers, 
fix  the  amount  of  their  salaries,  and  may  dismiss  them  for  incom- 
petency, cruelty,  negligence  or  immorality.  They  may  direct 
what  branches  of  study  may  be  taught,  and  what  text-books  shall 
be  used  in  their  respective  schools,  and  may  suspend  or  expel  pu- 
pils for  disobedient,  refractory  or  incorrigibly  bad  conduct.  It 
shall  not  be  lawful  for  a  board  of  directors  to  purchase  or  locate  a 
school-house  site,  or  to  purchase,  build  or  move  a  school-house,  or 
to  levy  a  tax  to  extend  schools  beyond  six  months,  without  a  vote 
of  the  people,  at  an  election  called  and  conducted  as  required  in 
the  forty-second  section  of  the  act.  A  majority  of  the  votes  cast 
shall  be  necessary  to  authorize  the  directors  to  act :  Provided, 
that  if  no  one  locality  shall  receive  a  majority  of  all  the  votes  cast 
at  such  election,  the  directors  may,  if  in  their  judgment  the  pub- 
lic interest  requires  it,  proceed  to  select  a  suitable  school-house 
site,  and  the  site  so  chosen  by  them  Bhall,  in  such  case,  be  legal 
and  valid,  the  same  as  if  it  had  been  determined  by  a  majority  of 
the  votes  cast. 


SCHOOL   LAWS   OF   ILLINOIS.  19 

OF  JUDGMENTS  AND  EXECUTIONS  AGATNST  BOARDS   OF  TRUSTEES   OR 
SCHOOL  DIRECTORS. 

§  49.  If  judgment  shall  be  obtained  against  any  township 
board  of  trustees  or  school  directors,  the  party  entitled  to  the 
benefit  of  such  judgment  may  have  execution  therefor,  as  follows, 
to  wit :  It  shall  be  lawful  for  the  court  in  which  such  judgment 
shall  be  obtained,  or  to  which  such  judgment  shall  be  removed, 
by  transcript  or  appeal  from  a  justice  of  the  peace,  or  other  court, 
to  issue  thence  a  writ,  commanding  the  directors,  trustees  and 
treasurer  of  such  township  to  cause  the  amount  thereof,  with  inter- 
est and  costs,  to  be  paid  to  the  party  entitled  to  the  benefit  of 
said  judgment,  out  of  any  moneys,  unappropriated,  of  said  town- 
ships ;  or  if  there  be  no  such  moneys,  out  of  the  first  moneys  ap- 
plicable to  the  payment  of  the  kind  of  services  or  indebtedness  for 
which  such  judgment  shall  be  obtained,  which  shall  be  received 
for  the  use  of  such  township ;  and  to  enforce  obedience  to  such 
writ  by  an  attachment,  or  by  mandamus,  requiring  such  board  to 
levy  a  tax  for  the  payment  of  said  judgment ;  and  all  legal  process 
as  well  as  writs  to  enforce  payment  of  a  judgment,  shall  be  served 
either  on  the  president  or  clerk  of  the  board. 

EXAMINATION  AND   QUALIFICATIONS   OF  TEACHERS. 

§  50.  No  teacher  shall  be  authorized  to  teach  a  common  school 
under  the  provisions  of  this  act  who  is  not  of  good  moral  charac- 
ter, and  qualified  to  teach  orthography,  reading  in  English,  pen- 
manship, arithmetic,  English  grammar,  modern  geography  and  the 
history  of  the  United  States.  It  shall  be  the  duty  of  the  county 
superintendent  to  grant  certificates  to  such  teachers  as  may,  upon 
due  examination  by  himself  or  a  board  of  examiners  by  him  ap- 
pointed, be  found  to  possess  the  necessary  qualifications.  Said 
certificates  shall  be  of  two  grades ;  those  of  the  first  grade  shall 
be  valid  for  two  years ;  those  of  the  second  grade  for  one  year. 
The  county  superintendent  may,  at  its  option,  renew  said  certifi- 
cates, at  their  expiration,  by  his  endorsement  thereon,  and  may  re- 
voke the  same  at  any  time,  for  immorality,  incompetency,  or  other 
just  cause.     Said  certificate  may  be  in  the  following  form,  viz : 

,  Illinois, ,  18 — , 

County. 

The  undersigned  having  examined  in  orthography,  reading  in  English, 

penmanship,  arithmetic,  English  grammar,  modern  geography  and  the  history  of  the 

United  States,  and  being  satisfied  that is  of  good  moral  character,  hereby 

certifies  that qualifications  in  the  above  branches  are  such  as  to  entitle 

to  tliis  certificate,  being  of  the grade,  and  valid  in  said  county  for year 

from  the  date  hereof,  renewable  at  the  option  of  the  county  superintendent  by  his 
endorsement  thereon.     Given  under  my  hand,  at  the  date  aforesaid. 

A.  B.,  County  Supeiintendent  of  Schools. 

Each  county  superintendent  shall  also  keep  a  record,  in  a  book 
provided  for  that  purpose,  of  all  teachers  to  whom  he  grants  cer- 


20 


B<  1 1  >  ><  »L    I.  \w  -    OP    ILLINOIS. 


tificates.  Said  record  shall  show  the  date  and  grade  of  each  cer- 
tificate granted,  and  the  Dame,  age  and  nativity  of  each  teacher, 
and  shall  give  the  names,  etc.,  ot  male  and  female  teacher*  sepa- 
rately.    Said  record  ma)  be  aa  follows,  viz: 


KAMI. 

A'lE. 

NATIVITY. 

DAT*. 

OIUDE. 

UMAKU. 

!  homp  on. 

Illinois. 

Mi.r.-h  | 

1 

A  copy  or  transcript  of  said  record  shall  be  transmitted  by  the 
county  superintendent,  with  his  regular  report,  to  th  uper- 

intendent. 

'1  In-  state  superintendent  of  public  instruction  i-  hereby  author- 
ized to  grant  state  certificates  to  such  teachers  as  may  be  found 
worthy  to  receive  them,  which  shall  be  of  perpetual  validity  in 
every  county  and  school  district  in  the  state.  But  state  certifi- 
cates shall  only  be  granted  upon  public  competitive  examination, 
of  which  due  notice  shall  be  given,  in  such  branches  and  upon 
such  terms  and  by  such  examiners  as  the  state  superintendent  and 
the  principal  ot'  the  Normal  University  may  prescribe.  The  fee 
for  a  state  certificate  shall  be  five  dollars.  Said  certificates  may 
be  revoked  by  the  state  superintendent  upon  proof  of  immoral  or 
unprofessional  conduct.  Every  school  established  under  the  provis- 
ions of  this  act  shall  be  for  the  purpose  of  instruction  in  the 
various  branches  of  an  English  education,  and  no  school  funds 
shall  be  appropriated  under  this  act  for  any  other  class  or  descrip- 
tion of  schools  :  Provided,  that  nothing  herein  contained  shall  pre- 
vent the  teaching,  in  common  schools,  of  other  and  higher  branches 
than  those  enumerated  in  this  section. 

§  51.  It  shall  be  the  duty  of  county  superintendents  to  hold 
meetings,  at  least  quarterly,  and  oftencr  if  necessary,  for  the  ex- 
amination of  teachers,  on  such  days  and  at  such  places  in  their 
respective  counties  as  will,  in  their  opinion,  accommodate  the 
greatest  number  of  persons  desiring  such  examination.  Notice  of 
such  meetings  shall  be  published  a  sufficient  length  of  time  in  at 
least  one  newspaper  of  general  circulation ;  the  expense  of  such 
publication  to  be  paid  out  of  the  school  fund.  County  superintend- 
ents shall,  in  no  case,  exact  or  receive  any  fee  for  certificates. 


TEACHERS — THEIR  DITTIES. 


§  52.  No  teacher  shall  be  entitled  to  any  portion  of  the  com- 
mon school  or  township  fund,  or  other  public  fund,  or  be  employ*  d 
to  teach  any  school  under  the  control  of  any  board  of  din  ctora  of 
any  school  district  in  this  state,  who  shall  not,  before  his  employ- 
ment, exhibit  to  said  board,  or  to  a  committee  of  said  board,  a 


SCHOOL    LAWS    OF   ILLINOIS. 


21 


certificate  of  qualification  obtained  under  the  provisions  of  this 
act ;  nor  shall  any  teacher  be  paid  any  portion  of  the  school  or 
public'  fund  aforesaid,  unless  he  shall  have  kept  and  furnished 
schedules  as  herein  directed. 

§  58.  Teachers  shall  make  schedules  of  the  names  of  all 
scholars  under  twenty-one  years  of  age,  attending  their  schools, 
in  the  form  prescribed  by  this  act ;  and  when  scholars  reside  in 
two  or  more  districts,  townships  or  counties,  separate  schedules 
shall  be  kept  for  each  district,  township  or  county,  and  the  absence 
or  presence  of  every  scholar  shall  be  set  down  under  the  proper 
date,  and  opposite  the  name  on  every  day  that  school  is  open,  and 
the  absence  of  a  scholar  shall  be  signified  by  a  blank — the  pres- 
ence by  a  mark.  The  schedule  to  be  made  and  returned  by  the 
teacher  shall  be,  as  near  as  circumstances  will  permit,  in  the  fol- 
lowing form,  viz : 

SCHEDULE  of  a  common  school  kept  by  A.  B.,  at  ,  in  district  number ,  in 

township  number ,  range  number ,  of  tJie principal  meridian,  in  the  county 

of ,  in  the  State  of  Illinois. 


\0  I'-O 

r- 

oo  \a> 

--    -r 

it    :c    — 

s  — 

ro  CO 

rH    <N 

O 

■-Z    I- 

X 

o> 

b 

- 

Names  and  ases  of  scholars 

-  - 

_2    " 

a 

1 

43 

attending  mv  school,  and  5 

CD 

o3 

residing  in  district  num- 
ber — ,  in    township  — 
north,  range  —  west;  in 
—  county. 

- 

5 

CO 

'- 

>> 
co 

5 

CO 

u 

r- 

>> 

71 

0 

&  Is 

EH  > 

EH 

"E 

fH 

I 

- 

Wednesday 

Thursday, 

Friday, 

o 

x    JZ 

S    5 
EH> 

— 

CO 

= 

-r 

O 

CO 

? 

— 

.. 

» 

j 

2 

- 

- 

- 

> 

„ 

2 

a    a 

- 

a 

a 

a 

- 

5 

i— i 

H 

Name. 

Age 

John  Smith, 

10 

1 

1 

1     1     1 

1 

1 

1 

1 

1    1    1 

1 

1 

15 

Isaac  Meslier, 

13 

1 

1     1 

1 

1   1 

1 

11             1  'I 

11 

Sarah  Danforth, 

161 

1 

1 

1 

1     1     1 

1 

1    1 

1 

1 

111111 

1 

1 

20 

Mary  Newman, |     19;1  jl 

1 

1 

1111111 

1    1    1    1    1    1  .1   1  i!9 

Grand  total  number  of  days, 


64 


Males.  Females.    Total 


Number  of  scholars, 


Average  daily  attendance, 


3.2 


And  the  teacher  shall  add  up  and  set  down  the  whole  number 
of  days'  attendance  of  each  scholar,  and  add  up  said  whole  num- 
bers, and  make  out  the  grand  total  number  of  days'  attendance. 
He  shall  also  note  the  whole  number  of  scholars,  giving  the  males 
and  females  separately ;  the  average  daily  attendance  ;  and  shall 
set  the  age  of  each  pupil  opposite  the  name  of  said  pupil,  as  in 


■^  |l  1 1 .... i     LAWS   OF    ILLINOIS. 

tin-  1'unn  above  prescribed,  and  jhall  attach  thereto  his  certificate, 
which  shall  I"-  in  the  following  form,  viz: 

i  tifv  iii.it  the  foregoing  ichedule  of  scholars  attending  nay  ichool,  ai  therein 
nmill.,i  :m,|  I  ichedule,  t<>  the  best  <.i  mj  knowled 

:  poet;   and  thai  ll  «  ■'  for  the  purpose  <<i   U  u 

hoi  ..i  .in  English  education. 

A    I:  ,  '■t./l,r. 

When  the  teacher  shall  have  completed  his  or  her  schedule  or 
schedules,  as  above  required,  he  or  Bhe  .- 1 1 : » 1 1  deliver  it  to  someone 
of  the  directors,  and  it  shall  be  the  dutj  of  Baid  director,  in  con- 
nection w\\\\  one  other  director  of  the  board,  to  carefully  examine 
such  schedule  or  schedules,  and,  after  correcting  all  errors,  and 
if  they  shall  find  such  schedule  to  have  been  lc<  pi  according  to 
law,  they  Bhall  certify  to  the  same,  as  near  as  practicable,  in  the 
following  form,  viz  : 

STATE  OF  Illinois,    }  gg 

(  'ill    S  M  .  j 

We,  the  undersigned,  directors  of ,  in  township  number  ,  range 

onmber .  in  the  county  aforesaid,  certify  that  we  have  examined  the  foregoing 

Bchi  I  de,  and  find  the  same  to  be  correct,  and  that  the  school  was  conducted  accord^ 
mg  to  law.    That  there  is  now  due  said  C.  D.,  teacher,  as  per  contract,  the  nun 

of dollars  and cents,  and  thai  the  said  teacher  has  a  legal  certificate  of 

moral  character,  and  of  qualification  to  teach  a  common  school  (or  of  such 
gi   de  ■■'■  the  case  may  be.) 

Witness  our  hands,  this day  of ,  a.  i».,  186—. 

A.  B.,  I  , 

Which  schedule  or  schedules,  certified  as  aforesaid  by  .-it  least 
two  directors,  shall  be  filed  by  said  directors  with  the  township 
treasurer  ;  and  until  such  schedule  and  report,  as  aforesaid,  shall 
have  been  filed  as  aforesaid,  it  shall  not  he  lawful  for  Baid  treasurer 
to  pay  said  teacher,  or  any  two  members  thereof  to  draw  an  order 
in  favor  of  said  teacher. 

§  54.  School  directors  shall  certify  no  schedule  that  reaches 
back  to  a  time  more  than  six  months  from  the  time  fixed  by  law 
for  the  regular  return  of  schedules  to  the  township  treasurer. 
Schedules  made  and  certified,  as  aforesaid,  shall,  at  least  two  days 
before  the  first  Monday  in  April  and  October,  be  delivered  by  the 
directors  to  the  township  treasurer.  The  director,  or  directors,  to 
whom  the  schedule  is  delivered  by  the  teacher,  shall  receipt  for 
the  same  :  which  receipt  shall  be  evidence  in  favor  of  the  teacher, 
and  against  the  director  or  directors :  and  the  directors  Bhall  be 
personally  liable  for  any  loss  sustained  by  the  teacher  through 
their  failure  to  deliver  the  schedule  to  the  township  treasurer 
within  the  time  fixed  by  law.  Teachers'  schedules  are  hereby 
declared  payable  on  the  first  Mondays  in  April  and  October  of 
each  year:  and  for  any  portion  of  the  amount  certified  in  said 
schedules,  by  the  directors,  to  be  due,  and  remaining  unpaid,  after 


SCHOOL   LAWS    OF   ILLINOIS.  23 

said  first  Mondays  in  April  and  October,  respectively,  teachers 
shall  be  entitled  to  interest,  at  the  rate  of  ten  (10)  per  cent,  per 
annum,  until  paid  ;  and  it  is  hereby  made  the  duty  of  all  school 
directors,  trustees  and  township  treasurers,  to  allow  and  pay  said 
rate  of  interest  upon  all  unpaid  balances  due  teachers,  as  afore- 
said, and  said  balances  shall  be  paid  out  of  the  first  moneys 
coming  into  the  hands  of  the  township  treasurer,  to  the  credit  of 
the  proper  district,  and  not  otherwise  previously  and  specifically 
appropriated. 

TOWNSHIP    TREASURER — HIS    DUTIES. 

§  55.  The  township  treasurer,  appointed  by  the  board  of  trus- 
tees, shall,  before  entering  upon  his  duties,  execute  a  bond,  with 
two  or  more  freeholders,  who  shall  not  be  members  of  the  board, 
as  securities,  payable  to  the  board  of  the  township  for  which  he 
is  appointed  treasurer,  with  a  sufficient  penalty  to  cover  all  liabili- 
ties which  may  be  incurred,  conditioned  faithfully  to  perform  all 

the    duties    of   township    treasurer,   in    township    ,  range 

,  in  county,  according  to  law.     The  security  shall 

be  approved  by  at  least  a  majority  of  the  board,  and  shall  be  de- 
livered by  one  of  the  trustees  to  the  county  superintendent  of  the 
proper  county.  And  in  all  cases  where  such  treasurer  aforesaid 
is  to  have  the  custody  of  all  bonds,  mortgages,  moneys  and  effects 
denominated  principal,  and  belonging  to  the  township  for  which 
he  is  appointed  treasurer,  the  penalty  of  said  treasurer's  bond 
shall  be  twice  the  amount  of  said  bonds,  notes,  mortgages,  moneys 
and  effects.  And  every  township  treasurer  appointed  subsequent 
to  the  first,  as  herein  provided,  shall  execute  bond,  with  security, 
as  is  required  by  the  first  treasurer.  The  bond  required  in  this 
section  shall  be  in  the  following  form,  viz : 

STATE  OF  ILLINOIS, )  sg 

■  County.  ) 

Know  all  men  by  these  presents,  that  we,  A.  B.,  C.  D.,  and  E.  F.,  are  held  and 

firmly  bound,  jointly  and  severally,  unto  the  board  of ,  in  said  county  in  the 

penal  sum  of dollars,  for  the  payment  of  which  we  bind  ourselves,  our  heirs, 

executors  and  administrators,  firmly  by  these  presents. 

In  witness  whereof,  we  have  hereunto  set  our  hands  and  seals,  this day  of 

,  a.  d.,  18—. 

The  condition  of  the  above  obligation  is  such,  that  if  the  above  bounden  A.  B., 

township  treasurer  of  township ,  range  — — ,  in  the  county  aforesaid,  shall 

faithfully  discharge  all  the  duties  of  said  office  according  to  the  laws  which  now 
are,  or  may  hereafter  be  in  force,  and  shall  deliver  to  his  successor  in  office  all 
moneys,  books,  papers,  securities  and  property  in  his  hands  as  such  township  treas- 
urer, then  this  obligation  to  be  void  ;  otherwise  to  remain  in  full  force. 

A.  B.,  [seal.] 
C.  D.,  seal:] 
E.  F.,  [seal.] 

Approved  and  accepted  by 

Trusti  i  s. 


24 


I  ii.  ...i.    I.  \  w  -    OF    [LLINOIS. 


£  56.     Every   town  hip  treasurer  shall   provide  himself  iritfa 

tw..  well  bound  I I.-,  tl"-  one  to  be  called  a  *  - = *  - 1 »  book,  the  other 

%  lonn  book.  He  shall  charge  himself  in  the  cash  book  with  all 
moneys  received,  tating  the  charge,  when,  from  whom  and  on 
what  account  received;  and  credit  himself  with  all  moneys  paid 
or  loaned,  the  amount  loaned,  tin'  date  «>f  the  loan,  the  rate  of 
interest,  1 1 1 « -  time  when  payable,  the  name  of  the  securities,  or,  if 
real  estate  be  taken,  a  description  of  tin1  same.  I  !<•  .-I  ml  I  also  <  ater, 
in  separate  accounts,  moneys  received  and  moneys  paid  out,  charg- 
ing tne  first  to  debit  account,  and  crediting  the  latter  as  follows, 
to  wit:  First,  the  principal  "I  the  township  fund,  when  paid  in 
and  when  paid  out.  Second,  the  interest  of  1 1 1 « -  township  fund, 
when  received  and  when  paid  out.  Third,  the  common  school 
fund,  and  other  funds,  when  received  from  the  county  superin- 
tendent and  when  paid  out.  Fourth,  the  taxes  received  from  the 
(•.unity  collector,  distinguishing  between  that  for  general  school 
purposes  and  that  levied  for  the  purpose  of  prolonging  schools. 
Fifth,  donations  received.  Sixth,  moneys  coming  from  all  other 
sources;  and  iii  all  cases  entering  the  date  when  received  and 
when  paid  out  :  and  lie  shall  also  arrange  and  keep  his  hook-  and 
accounts  in  Buch  other  manner  as  may  be  directed  by  the  state  or 

county    superintendent,  or  the   board   of  trustees.      He    .-hall    also 

provide  a  hook,  to  be  called  a  journal,  in  which  he  shall  record, 
fully  and  at  length,  the  acts  and  proceedings  of  the  board,  their 
orders,  by-laws  and  resolutions;  which  hook  shall  be  at  all  times 
Bubject  to  the  inspection  of  said  board,  or  other  person  authorized 
by  this  act,  or  of  any  committee  appointed  by  the  inhabitants  of 
the  town-hip  to  examine  the  same.  And  lie  -hall  also  provide  a 
hook,  to  be  called  a  record,  in  which  he  shall  enter  a  brief  de- 
scription of  all  notes  or  bonds  belonging  to  the  town-hip,  and 
upon  the  opposite  page  he  shall  note  down  when  paid,  or  any 
n  marks  to  show  where  or  in  what  condition  it  is,  as  in  the  follow- 
ing lonn,  viz  : 


MAKl  i:- 
KAME. 


D  \  I  i:  OF  NOTE.     M'HEN  DUE. 


A.  B.C.D 
E.  F. 


January  1-t, 
185—. 


January  1st, 
185-. 


$00  00. 


January  6,  186 — .  handed 
to  I.  .1.,  for  collection,  (or 
January  6,  186—,  paid.) 


^  57.  Township  treasurers  shall  loan,  upon  the  following  con- 
ditions, all  moneys  which  -hall  conic  to  their  hands  by  virtue  of 
their  office,  except  such  as  may  he  subject  to  distribution.  The 
rate  of  interest  shall  not  be  less  than  -ix  per  cent.,  nor  more  than 
ten  per  cent,  per  annum,  payable  half-yearly  in  advance  ;    the 


SCHOOL    LAWS    OF    ILLINOIS.  25 

rate  of  interest  to  be  determined  by  a  majority  of  the  township 
trustees,  at  any  regular  or  special  meeting  of  their  board.  No 
loans  shall  be  made  for  less  than  six  months,  or  more  than  five 
years.  For  all  sums  not  exceeding  one  hundred  dollars,  loaned 
for  not  more  than  one  year,  two  responsible  securities  shall  be 
given  ;  for  all  sums  over  one  hundred  dollars,  and  for  all  loans 
for  more  than  one  year,  security  shall  be  given  by  mortgage  on 
real  estate,  unincumbered,  in  value  double  the  amount  loaned, 
with  a  condition,  that  in  case  additional  security  shall,  at  any  time, 
be  required,  the  same  shall  be  given  to  the  satisfaction  of  the  board 
of  trustees  for  the  time  being :  Provided,  that  nothing  herein  shall 
prevent  the  loaning  of  township  funds  to  boards  of  school  direct- 
ors, taking  bonds  therefor,  as  provided  in  section  forty-seven  of 
the  act :  And,  provided  further,  that  all  loans  of  school  money, 
made  by  township  treasurers  and  school  officers,  during  the  past 
two  years,  in  accordance  with  the  instructions  of  the  state  super- 
intendent, are  hereby  declared  lawful,  as  if  made  under  the  pro- 
visions of  this  section,  as  amended.  Notes,  bonds,  mortgages  and 
other  securities  taken  for  money  or  other  property,  due  or  to  be- 
come due  to  the  board  of  trustees  for  the  township,  shall  be  payable 
to  the  said  board  by  their  corporate  name  ;  and  in  such  name,  suits, 
actions  and  complaints,  and  every  description  of  legal  proceedings, 
may  be  had  for  the  recovery  of  money,  the  breach  of  contracts, 
and  for  every  legal  liability  which  may  at  any  time  arise  or  exist, 
or  upon  which  a  right  of  action  shall  accrue  to  the  use  of  this  cor- 
poration :  Provided,  hoicever,  that  notes,  bonds,  mortgages  and 
other  securities  in  which  the  name  of  the  county  superintendent, 
or  of  the  trustees  of  schools,  are  inserted,  shall  be  valid  to  all  in- 
tents and  purposes,  and  suit  shall  be  brought  in  the  name  of  the 
board  of  trustees  as  aforesaid.  The  wife  of  the  mortgager  (if  he 
has  one)  shall  join  in  the  mortgage  given  to  secure  the  payment  of 
money  loaned  by  virtue  of  the  provisions  of  this  act. 

§  58.     Mortgages  to  secure  the  payment  of  money  loaned  under 
the  provisions  of  this  act  may  be  in  the  following  form,  viz : 

I,  A.  B.,  of  the  county  of ,  and  state  of ,  do  hereby  grant,  convey 

and  transfer  to  the  board  of  trustees  of  township ,  range ,  in  the  county 

of ,  and  state  of  Illinois,  for  the  use  of  the   inhabitants  of  said  township,  the 

following  described  real  estate,  to  wit :  (Here  insert  premises.)     Which  real  estate 

I  declare  to  be  in  mortgage  for  the  payment  of dollars  loaned  to  me.  and  for 

the  payment  of  all  interest  that  may  accrue  thereon,  to  be  computed  at  the  rate  of 

per  cent,  per  annum  until  paid.     And  I  do  hereby  covenant  to  pay  the  said 

sum  of  money  in years  from  the  date  hereof,  and  to  pay  interest  on  the  same 

at  the  rate  aforesaid,  half-yearly  in  advance.  I  further  covenant  that  I  have  a  good 
and  valid  title  to  said  estate,  and  that  the  same  is  free  from  all  incumbrance  :  and 
that  I  will  pay  all  taxes  and  assessments  which  may  be  levied  on  said  estate  ;  and 
that  I  will  give  any  additional  security  that  may  at  any  time  be  required  by  said 
board  of  trustees:  and  if  said  estate  be  sold  to  pay  said  debt,  or  any  pari  thereof,  01 
for  any  failure  or  refusal  to  comply  with  or  perform  the  conditions  or  covenants 
herein  contained,  I  will  deliver  immediate  possession  of  the  premises  ;  ami  in  con- 
sideration of  the  premises,  C,  wife  of  said  A.  B.,  doth  hereby  release  to  the  Baid 


26  '-'  BOOL    law  B    I  >1    rXLINOIS. 

-  ud  title  of  'lower  in  the  afon  granted  pn  mUet,  for  the  j"- 

OfOI  e-.ml. 

iii  i.   timonj   whereof,  we  hare  hereunto  act  our  bai  I   and  leaUthii  day 

Of  ,    lH— . 

A     B  .  [s«AL.l 

C    I'..  |-i.w.. 


Which  mortgage  shall  be  acknowledged  and  recorded,  as  ii  re- 
quired  by  law  for  other  conveyances  of  real  estate,  thi   mon 
paying  the  expenses  of  acknowledgment  and  recording,  and  fifty 
cents  as  a  fee  to  tin'  township  treasurer. 

8  59.  Upon  the  breach  of  any  condition  or  stipulation  con- 
tained in  said  mortgage,  an  action  may  be  maintained  and  damages 
recovered  as  upon  other  covenants ;  bul  mortgages  made  in  any 
other  form  t<>  secure  payment  as  aforesaid  shall  be  valid  as  if  no 
form  had  been  prescribed.  In  estimating  the  value  of  real  estate 
mortgaged  to  Becure  the  payment  of  money  loaned  under  the  pro- 
visiona  of  this  law,  the  value  of  improvements  liable  to  be  de- 
stroyed, shall  not  be  included. 

$  60.  In  all  cases  where  the  hoard  of  trustees  shall  require 
additional  Becurity  for  the  payment  of  money  loaned,  and  such 
security  shall  not  be  given,  the  township  treasurer  shall  cause  Buit 
to  be  instituted  for  the  recovery  of  the  .-ami',  and  all  interest  thereon, 
to  the  date  of  judgment :  Provided,  thai  proof  be  made  of  the 
Baid  requisition.  In  the  payment  of  debts  by  executors  and  ad- 
ministrators, those  due  the  common  school  or  township  fund  -hall 
have  a  preference  over  all  other  debts,  except  funeral  and  other 
expenses  attending  the  last  Bickness,  ool  including  the  physician's 
bill.  And  it  shall  be  the  duty  of  the  township  treasurer  to  attend 
at  the  office  of  the  probate  justice  upon  the  proper  day,  as  other 
creditors,  and  have  any  debts  as  aforesaid,  probated  and  classed, 
to  be  paid  as  aforesaid. 

£  lil.  If  default  be  made  upon  the  payment  of  interest  due 
upon  money  loaned  by  any  county  superintendent  or  town-hip 
treasurer,  or  in  the  payment  of  the  principal,  interest  at  the  rate  of 
twelve  per  cent,  per  annum  shall  be  charged  upon  the  principal  and 
interest  from  the  day  of  default,  which  shall  be  included  in  the 
assessment  of  damages,  or  in  the  judgment  in  suit  or  action  brought 
upon  tin1  obligation  to  enforce  payment  thereof;  and  interesl  as 
aforesaid  may  he  recovered  in  action  brought  to  recover  interest 
only.  And  the  said  township  treasurers  are  hereby  empowered  to 
bring  appropriate  actions,  in  the  name  of  the  board  of  trustees,  for 
the  recovery  of  the  half-yearly  interest,  when  due  and  unpaid, 
without  suing  for  the  principal,  in  whatever  form  secured,  and  jus- 
tices of  the  peace  shall  have  jurisdiction  in  such  cases  of  all  sums 
Under  one  hundred  dollars. 

£  i>:2.  All  suits  brought,  or  actions  instituted  under  the  pro- 
visions of  this  act,  may  be  brought  in  the  name  of  the  "  board  of 


SCHOOL    LAWS    OF   ILLINOIS.  27 

trustees  of  township ,  range ,"  except  as  is  provided  for 

action  qui  tarn  in  this  act,  or  in  favor  of  county  superintendents. 
The  township  treasurer  shall  demand,  receive  and  safely  keep  ac-» 
cording  to  law,  all  moneys,  books  and  papers  of  every  description 
belonging  to  his  township.  He  shall  keep  the  township  fund  loaned 
at  interest ;  and  if  on  the  first  Monday  of  October  in  any  year 
there  shall  be  any  interest  or  other  funds  on  hand  which  shall  not 
be  required  for  distribution,  such  amount  not  required,  as  aforesaid, 
may,  if  the  board  of  trustees  see  proper,  forever  be  considered  as 
principal  in  the  funds  to  which  it  belongs,  and  loaned  as  such. 

§  63.  On  the  first  Mondays  of  April  and  October,  of  every 
year,  the  township  treasurer  shall  lay  before  the  board  of  trustees 
a  statement  showing  the  amount  of  interest,  rents,  issues  and  prof- 
its that  have  accrued  or  become  due  since  their  last  regular  half- 
yearly  meeting  on  the  township  lands  and  township  funds,  and  also 
the  amount  of  state  and  county  fund  interest  on  hand.  He  shall 
also  lay  before  the  said  trustees  all  books,  notes,  bonds,  mortgages, 
and  all  other  evidence  of  indebtedness  belonging  to  the  township, 
for  the  examination  of  the  trustees,  and  shall  make  such  other 
statement  as  the  board  may  require  touching  the  duties  of  his  office. 
The  township  treasurer  shall  also,  on  the  first  Mondays  of  April 
and  October  of  each  year,  make  a  full  settlement  with  the  respect- 
ive boards  of  directors  in  his  township,  and  shall  deliver  to  the 
clerk  of  each  of  said  boards,  on  demand,  a  statement,  or  exhibit, 
showing  the  exact  condition  of  the  account  of  each  district,  and 
the  amount  of  funds  of  every  description  in  his  hands  to  the  credit 
of,  and  belonging  to,  each  district  respectively,  and  subject  to  the 
order  of  the  directors  thereof. 

§  64.  For  any  failure  or  refusal  to  perform  all  the  duties  re- 
quired of  township  treasurer  by  law,  he  shall  be  liable  to  the 
board  of  trustees  upon  his  bond,  to  be  recovered  by  action  of  debt 
by  said  board,  in  their  corporate  name,  for  the  use  of  the  proper 
township,  before  any  court  having  jurisdiction  of  the  amount  of 
damages  claimed ;  but  if  said  treasurer,  in  any  such  failure  or  re- 
fusal, acted  under  and  in  conformity  to  a  requisition  or  order  of 
said  board,  or  a  majority  of  them,  entered  upon  their  journal  and 
subscribed  by  their  president  and  clerk,  then  and  in  that  case  the 
members  of  the  said  board  aforesaid,  or  those  of  them  voting  for 
said  requisition  or  order  aforesaid,  and  not  the  treasurer,  shall  be 
liable,  jointly  and  severally,  to  the  inhabitants  of  the  township,  to 
be  recovered  by  action  of  assumpsit  in  the  official  name  of  the 
county  superintendent  of  schools,  for  the  use  of  the  proper  town- 
ship. 

§  65.  When  a  township  treasurer  shall  resign,  or  be  removed, 
and  at  the  expiration  of  his  term  of  office,  he  shall  pay  over  to  his 
successor  in  office  all  money  on  hand,  and  deliver  over  all  books, 
notes,    bonds,  mortgages,  and    all    other   securities    for    money, 


28  B<  BOOL    i.  kH  -    OF    [LLDTOIS. 

and  all  papers  and  document!  of  every  description,  in  which 
the  corporation  ma}  bave  any  interest  whatever;  and  in  case  of 
the  death  of  the  township  treasurer,  hi*  Becuritiei  and  legal 
repre  entativet  shall  be  bound  to  comply  with  the  requisiti 
of  thie  Bection.  Ami  for  any  failure  to  comply  with  thi 
quisitiona  of  this  Bection,  be  Bhall  be  liable  to  b  penalty  of  not 
than  ten  nor  more  than  one  hundred  dollars,  al  the  dis- 
cretion of  the  court  before  which  judgment  may  be  obtained; 
and  the  obtaining  or  paymenl  of  said  judgment  Bhall  in  no 
wise  discharge  or  diminish  the  obligation  of  hi-  official  bond. 

TOWN -II II'    AND    COUNT!    SCHOOL   FUNDS. 

§  66.  All  bonds,  notes,  mortgages,  moneys  and  i  ffi 
which  have  heretofore  accrued,  or  may  hereafter  accrue,  from 
the  Bale  of  the  sixteenth  Bection  of  the  common  school  Lands 
of  any  township  or  county,  or  from  the  sale  of  any  real  est 
or  ot  her  property,  taken  on  any  judgment,  or  for  any  debt  due 
to  the  principal  of  any  township  or  county  fund:  and  all 
other  funds  of  every  description,  which  have  been  or  may 
hereafter  he  carried  to  and  made  part  of  the  principal  of  any 
township  or  county  fund,  by  any  law  which  has  heretofore 
been,  is  now,  or  may  hereafter  be  enacted,  are  hereby  declared 
to  be,  and  shall  forever  constitute  the  principal  of  the  town- 
ship <>r  county  fund,  respectively,  and  no  part  thereof  shall 
ever  be  distributed  or  expended  for  any  purpose  whatever,  hut 
shall  he  loaned  out,  and  held  to  use,  rent  or  profit,  as  provided 
by  law.  But  the  interest,  rents,  issues  and  profits,  arising  and 
accruing  from  the  principal  of  said  township  or  county  fund, 
shall  be  distributed  in  the  manner  and  at  the  times  .1-  pro- 
vided in  this  act  and  the  act  of  which  this  is  amendatory;  nor 
shall  any  part  of  such  interest,  rents,  issues  and  profits,  be 
carried  to  the  principal  of  the  respective  funds. 

§  67.  School  funds  collected  from  special  taxes,  levied  by 
order  of  sehool  direetors,  or  from  the  sale  of  property  helong- 
ing  to  any  district,  shall  he  paid  out  on  the  order  of  the  proper 
board  of  directors ;  and  all  other  moneys  and  school  funds, 
liable  to  distribution,  paid  into  the  township  treasury,  or  com- 
ing  into  the  hands  of  the  township  treasurer,  shall,  after  said 
funds  have  been  apportioned  by  the  township  trustees,  as  re- 
quired in  section  thirty-four  of  the  act  of  which  thi-  act  is 
amendatory,  he  paid  out  only  on  the  order  of  the  proper  hoard 
of  directors,  signed  by  the  president  and  clerk  of  said  hoard, 
or  by  a  majority  thereof.  For  all  payments  made,  receipts 
shall  he  taken  and  tiled.  In  all  such  orders  shall  he  Stated  the 
purpose  for  which,  or  on  what  account  drawn.  Said  orders 
may  he  in  the  following  form,  viz: 


SCHOOL    LAWS    OF    ILLINOIS.  29 

The  treasurer  of  township  No. ,  range  No. ,  in ■ —  county,  will  pay- 
to  ,  or  bearer, dollars  and cents,  (on  his  contract  for  repair- 
ing school-house,  or  whatever  the  purpose  may  be.) 

By  order  of  the  board  of  directors  of  district  No. ,  in  said  township. 

A.  B.,  President. 

C.  T>.,  Clerk. 

Which  order,  together  with  the  receipt  of  the  person  to 
whom  paid,  shall  be  tiled  in  the  office  of  the  township  treasurer. 

COMMON    SCHOOL    FUNDS. 

§  68.  The  common  school  fund  of  this  state  shall  consist  of 
such  sums  as  will  be  produced  by  the  annual  levy  and  assess- 
ment of  two  mills  upon  each  dollar's  valuation  of  all  the 
taxable  property  in  the  state;  and  there  is  hereby  levied  and 
assessed,  annually,  in  addition  to  the  revenue  for  state  purpo- 
ses, the  said  two  mills  upon  each  dollar's  valuation  of  all 
taxable  property  in  the  state,  to  be  collected  and  paid,  and  the 
amount  due  from  the  state,  according  to  a  statement  and  set- 
tlement of  the  account  between  the  state  and  that  fund  under 
the  provisions  of  an  act  entitled  "An  act  to  provide  for  the 
distribution  and  application  of  the  interest  on  the  school, 
college  and  seminary  fund,"  approved  on  the  seventh  of 
February,  one  thousand  eight  hundred  and  thirty-five,  and  of 
all  funds  which  have  been  or  may  be  received  by  the  state  from 
the  United  States,  for  the  use  and  support  of  common  schools; 
and  also  of  the  money  added  to  the  common  school  fund,  which 
was  received  from  the  United  States  under  an  act  of  Congress 
providing  for  the  distribution  of  the  surplus  revenue  of  the 
United  States,  and  which  was  invested  in  bank  stock  by  au- 
thority of  the  state,  and  of  the  amount  added  to  the  school  fund 
under  an  act  requiring  the  three  percent,  fund  to  be  invested 
in  state  bonds:  Provided,  that  in  cases  where  heretofore  the 
state  taxes  have  not  been  collected  in  any  county,  such  county 
shall  not  be  entitled  to  a  distribution  of  the  college,  seminary 
and  school  fund,  for  the  period  of  time  that  no  such  taxes 
have  been  collected,  and  that  the  portion  of  the  fund  aforesaid 
shall  in  such  cases  be  distributed  without  regard  to  such 
county. 

§  69.  The  state  shall  pay  an  interest  of  six  per  cent,  per 
annum  upon  the  amount  of  the  aforesaid  common  school  funds, 
except  on  so  much  thereof  as  maybe  realized  from  the  levy  of 
the  tax  directed  to  be  levied  under  the  provisions  of  this  act, 
which  shall  be  paid  annually,  and  applied  to  the  support  of 
the  common  schools,  as  herein  provided.  The  state  shall  also 
pay,  as  aforesaid,  and  at  the  same  time,  an  interest  of  six  per 
centum  per  annum  upon  the  amount  due  the  college  and 
seminary  fund;  which  interest  shall  be  loaned  to  the  common 


30  hooi  \.\w  -  op  [LLnroii. 

school  fund,  and  known  in  this  law  and  applied  in  all 
interest  on  the  common  Bchool  fund  as  aforesaid. 

S  7<>.  On  the  first  Monday  in  January,  in  each  and  every 
year  next  after  taking  the  census  of  the  state,  the  auditor  of 
public  accounts  -hall,  under  the  supervision  of  the  commis- 
sioner of  the  Bchool  fund  of  the  Btate,  ascertain  the  number  of 
white  children  in  each  county  in  the  Btate  under  twenty  years 
of  age,  and  shall  thereupon  make  a  dividend  to  each  county  of 
two-thirds  the  Bum  from  the  tax  levied  and  collected  under 
the  provisions  of  the  Bixty-eighth  Bection  ol  this  acl  ;  and  the 
interest  due  on  the  school,  college  and  seminary  fund,  in  pro- 
portion to  the  number  of  white  children  in  each  county  under 
the  age  aforesaid,  and  of  the  remaining  one-third,  in  propor- 
tion to  the  number  of  townships  and  parts  of  townships  in 
each  county,  and  issue  his  warrant  to  the  superintendent  of 
Bchools  of  each  county  upon  the  collector  thereof.  And  \\\«>n 
presentation  of  said  wan-ant  by  the  county  superintendent  to 
the  collector  of  his  county,  said  collector  or  treasurer  shall 
pay  over  to  the  county  superintendent  the  amount  of  said 
warrant  out  of  the  first  specie  funds  which  may  be  eollected 
by  him,  and  not  otherwise  appropriated  by  law,  taking  said 
superintendent's  receipt  therefor;  and  on  settlement  with  the 
auditor  said  collector  shall  be  credited  with  the  amount  speci- 
fied in  said  receipt,  in  the  same  manner  as  if  it  had  been  paid 
into  the  treasury.  Dividends  shall  be  made  as  aforesaid, 
according  to  the  proportions  ascertained  to  be  due  to  each 
county  annually  thereafter,  until  another  census  shall  have 
been  taken,  and  then  dividends  shall  be  made  and  continued 
as  aforesaid,  according  to  the  last  census:  Provided,  that  if 
any  collector  shall  fail  or  refuse  to  pay,  in  gold  or  silver,  the 
amount  of  the  aforesaid  warrant,  or  any  part  thereof,  by  the 
first  dav  of  March  annually,  or  so  soon  thereafter  as  it  may  be 
presented,  it  shall  be  competent  for  the  county  superintendent 
to  proceed  against  said  collector  and  his  securities,  in  an  action 
of  debt,  in  the  county  court;  which  court  is  hereby  vested 
with  full  power  and  authority  to  hear  and  determine  all  such 
suits,  render  judgment,  and  issue  execution ;  or  said  suit 
may  be  brought  in  any  court  having  jurisdiction  ;  and  the 
said  collector  shall  pay  twelve  per  centum,  to  he  assessed  as 
damages,  upon  the  amount  due,  and  which  shall  be  included 
in  the  judgment  obtained  agaiust  him. 

COMPENSATION    OF   OFFICERS. 

§  71.  Collectors  of  the  two  mill  tax,  authorized  under 
section  sixty-eight  (08)  of  the  act  of  which  this  act  is  amenda- 
tory, shall  be  entitled  to  only  two  per  cent  on  the  amount  col- 


SCHOOL   LAWS    OF    ILLINOIS.  31 

leetecl  by  them.  County  superintendents  shall  be  allowed  to 
retain,  oat  of  the  township  funds  of  tfre  township  for  which 
the  services  maybe  rendered,  three  per  cent,  upon  the  amount 
of  sales  of  school  lands,  and  upon  the  real  estate  taken  for 
debt,  for  their  services  in  making  such  sales,  including  such 
other  services,  connected  therewith,  as  are  required  by  the 
provisions  of  this  act  and  the  act  of  which  this  act  is  amenda- 
tory ;  and  two  per  cent,  they  may  retain  upon  the  amount 
of  all  sums  distributed,  paid  or  loaned  out  by  them  for  the 
support  of  schools.  And  for  their  services  as  county  superin- 
tendents of  schools,  including  the  duties  enjoined  by  the 
sixth  [twentieth]  section  of  this  act,  they  shall  be  entitled  to 
receive  three  dollars  per  day  for  any  number  of  days  not  ex- 
ceeding two  hundred  in  any  one  year;  which  account  shall  be 
certified  and  sworn  to  by  the  county  superintendent,  and  shall 
be  paid  semi-annually,  from  the  county  treasury.  County 
courts  and  boards  of  supervisors  are  also  authorized  to  make 
additional  appropriations  to  county  superintendents  for  their 
services  if  deemed  proper,  and  also  for  the  maintenance  and 
encouragement  of  county  teachers'  institutes,  for  the  improve- 
ment and  benefit  of  the  teachers  of  common  schools  in-  their 
respective  counties. 

§  72.  Township  treasurers  shall  be  allowed  to  retain  two 
per  cent,  upon  all  sums  paid  out  or  loaned  by  them,  including 
moneys  raised  by  virtue  of  any  district  tax.  County  treasur- 
ers shall  not  be  entitled  to  any  commissions  upon  school  taxes 
collected  and  paid  over  to  them  by  county  or  township  collect- 
ors, any  law  of  this  state  to  the  contrary  notwithstanding. 
Boards  of  township  trustees  shall,  and  it  is  hereby  made  their 
duty  to  make  a  reasonable  allowance,  annually,  to  said  treas- 
urers, for  their  services  performed  as  clerks  of  said  boards,  to 
be  paid  out  of  the  township  funds.  County  superintendents, 
trustees  of  schools,  school  directors,  and  all  other  school 
officers,  shall  be  exempted  from  working  on  the  roads  and 
military  duty. 

LIABILITIES   OF   OFFICERS. 

§  73.  If  any  county  superintendent,  trustee  of  schools, 
township  treasurer,  director,  or  any  person  entrusted  with  the 
care,  control,  management  or  disposition  of  any  school,  college, 
seminary  or  township  fund,  for  the  use  of  any  county,  town- 
ship, district  or  school,  shall  convert  any  such  funds,  or  any 
portion  thereof  to  his  own  use,  he  shall  be  liable  to  indictment, 
and  upon  conviction  shall  be  fined  in  not  less  than  double  the 
amount  of  money  converted,  and  imprisoned  in  the  county  jail 
not  less  than  one  or  more  than  twelve  months,  at  the  discre- 
tion of  the  court. 


BOOL   LAWS.   01    H 

§  71.  Trnsteei  of  ichoola  shall  be  liable,  jointly  and  bi 
ally,  for  the  sufficiency  of  securities  taken  from  township 
ind  in  case  of  judgment  against  said  treasurers 
and  their  securities,  or  on  account  oi  any  default  6t  any  Buch 
iror,  "ii  which  the  money  shall  not  be  made  for  want  of 
sufficient  property  whereon  to  levy  execution,  actions  on  the 
case  may  bo  maintained  against  Baid  trustees  jointly  or  sever- 
alty, and  the  amount  not  collected  on  said  judgment  shall  ho 
recovered  with  costs:   Provided,  that  it'  s:ii«l  trustees  can  -how, 

factorily,  that  the  security  taken  from    the  treasun 
aforesaid  was,  at  the  time  of  Baid  taking,  good  and  sufficient, 
they  «hall  not  be  liable  as  aforesaid. 

The  real  estate  of  county  superintendents,  of  town- 
Bhip  treasurers,  and  all  other  school  officers,  and  of  the  securi- 
ties of  each  of  thorn,  shall  he  bound  for  the  satisfaction  and 
paymenl  of  all  claims  and  demands  against  Baid  superintend- 
ents and  treasurers  and  other  officers,  as  such,  from  the 
of  issuing  process  against  them,  in  actions  or  suits  brought  to 
recover  bucu  claims  or  demands,  until  satisfaction  thereof  be 
obtained  ;  and  no  sale  or  alienation  of  real  estate  by  any  su- 
perintendent, treasurer  or  other  officer,  or  security  aforesaid, 
shall  defeat  the  lien  created  by  this  section,  but  all  and  singular 
such  real  estate  held,  owned  or  claimed  as  aforesaid,  shall  be 
liable  to  be  sold  in  satisfaction  of  any  judgments  which  may 
be  obtained  in  such  actions  or  suits. 

§  70.  Trustees  of  schools,  or  either  of  them,  failiug  or  re- 
fusing  to  make  returns  of  children  in  their  township,  accord- 
ing to  the  provisions  of  this  act,  or  if  either  of  them  Bhall 
knowingly  make  a  false  return,  the  party  so  offending  shall 
be  liable  to  a  penalty  of  not  less  than  ten  dollars  nor  more 
than  one  hundred  dollars,  to  be  recovered  by  action  of  assump- 
sit, before  any  justice  of  the  peace  of  the  county;  which 
penalty,  when  collected,  shall  be  added  to  the  township  fund; 
and  if  any  county  superintendent,  director  or  trustee,  or 
either  o\'  them,  or  other  officer  whose  duty  it  is,  shall  negli- 
gently or  will  full}-  foil  or  refuse  to  make,  furnish  or  communi- 
cate the  statistics  and  information,  or  shall  fail  to  discharge 
the  duties  enjoined  upon  them,  or  either  of  them,  at  the  time 
and  in  the  manner  required  by  the  provisions  of  this  act,  such 
delinquent  or  party  offending  shall  be  liable  to  a  fine  of  twen- 
ty-five dollars,  to  be  recovered  before  any  justice  of  the  p< 
on  information,  in  the  name  of  the  people  of  the  state  of 
Illinois,  and  when  collected  shall  be  paid  to  the  county  super- 
intendent of  the  proper  county,  for  the  use  of  schools. 

§  77.     County  superintendents,  trustees  of  schools,  di 
tors  and  township  treasurers,  or  either  of  them,  and  any  other 
officer  having  charge  of  school  funds  or  property,  shall  be  re- 


SCHOOL    LAWS    OF   ILLINOIS.  33 

sponsible  for  all  losses  sustained  by  any  county,  township 
or  school  fund,  by  reason  of  any  failure  on  his  or  their 
part  to  perform  the  duties  required  of  him  or  them  by  this 
act,  or  by  any  rule  or  regulation  authorized  to  be  made  by 
this  act;  and  each  and  every  of  the  officers  aforesaid  shall 
be  liable  for  any  such  loss  sustained  as  aforesaid,  and  the 
amount  thereof  may  be  recovered  in  a  civil  action  before 
any  court  having  jurisdiction  thereof,  at  the  suit  of  the  state 
of  Illinois,  for  the  use  of  the  county,  township  or  fund 
injured;  and  the  amount  when  collected,  shall  be  paid  to 
the  proper  officer,  for  the  benefit  of  said  county,  township 
or  fund  injured. 

COSTS,  TENURE  OF  OFFICERS  AND  CONTRACTS  UNDER  FORMER  LAWS. 

§  78.  No  justice  of  the  peace,  probate  justice,  constable, 
clerk  of  any  court,  or  sheriff,  shall  charge  any  costs  in  any 
suit  where  any  agent  of  any  school  funds  suing  for  the  re- 
covery of  the  same,  or  any  interest  due  thereon,  is  plaintiff, 
and  shall  be,  from  any  cause,  unsuccessful  in  such  suit. 
County  superintendents  appointed  heretofore  shall  continue  in 
office  until  superseded,  according  to  the  provisions  of  this  act, 
and  their  duties,  responsibilities  and  powers  shall  be  governed 
by  the  provisions  herein  named.  Trustees  of  school  lands 
heretofore  appointed,  and  trustees  of  schools  heretofore  elect- 
ed, shall  also  continue  to  discharge  the  duties  of  their  office 
until  trustees  of  schools  are  elected  under  the  provisions  of 
this  act.  Townships  heretofore  incorporated  shall,  without 
any  further  action  or  proceeding,  be  considered  as  incorporated 
under  the  provisions  of  this  act;  and  the  trustees  and  other 
officers  shall  continue  to  discharge  their  duties  till  suspended 
by  appointment  or  election  under  this  law ;  and  all  school  di- 
rectors and  officers  heretofore  appointed  shall  continue  in 
office  until  superseded  by  the  election,  as  provided  in  this  act, 
and  shall  be  governed  by  the  provisions  of  the  laws  heretofore 
in  force,  unless  otherwise  directed  by  this  act.  Leases  of 
school  lands  shall  remain  valid,  and  be  executed  according  to 
the  laws  under  which  they  were  made.  Common  school 
lands,  valued  and  offered  for  sale  and  remaining  unsold,  shall 
be  sold  upon  terms  prescribed  by  this  act.  All  taxes  levied 
and  contracts  made  under  the  laws  hereby  repealed  shall 
remain  valid,  and  all  rights,  remedies,  defenses  and  causes 
of  action  existing,  or  which  may  hereafter  exist  or  arise, 
under  or  by  virtue  of  said  repealed  laws,  shall  continue  and 
remain  valid,  and  shall  be  enforced,  notwithstanding  the 
repeal  of  said  laws,  unless  canceled  according  to  the  provis- 
ions of  this  act. 
3 


.  I  [<  ,<,i.    LAWS    "i     [LLIN0I8. 

01   |  ii  ii.      \m-    [Nl  OBPOB  kTBD   T01 

§  79,  This  :i<  t  shall  Dot  be  bo  construed  ae  to  repeal  or 
change,  in  any  respect,  any  special  acts  in  relation  to  Bchools 

in  cil r  incorporated  towns,  i  x<  epl  thai  it  shall  be  the  dnty 

of  the  Beveral  boarde  of  education  or  other  officers  of  any  citv 
or  incorporated  town,  bavins  in  charge  schools  under  the  provi- 
sions of  any  of  the  said  Bpecial  acts,  or  of  any  ordinance  of  any 
city  or  incorporated  town,  on  or  before  the  second  Mono. 
October  preceding  «■;*«■  1 1  regular  Bession  of  the  general  assem- 
bly of  thia  state,  or  annually,  it'  required  bo  to  do  by  the 
superintendent,  to  make  oul  and  render  a  statemenl  of  all  such 
statistics  and  other  information  in  regard  to  Bchools,  and  the 
enumeration  of  children  or  white  persons,  as  are  required  to 
be  communicated  by  township  boards  of  trustees  or  directors 
under  the  provisions  of  this  act,  or  bo  much  thereof  as  may  be 
applicable  to  said  city  or  incorporated  town,  to  the  county 
superintendent  of  the  county  where  such  city  or  incorporated 
town  is  situated,  or  of  the  county  in  which  the  larger  part  of 
Buch  city  or  town  is  situated;  nor  shall  it  be  lawful  lor  the 
county  superintendent  or  any  other  officer  or  person  to  pay 
over  any  portion  of  the  common  school  fund  to  any  local  I 
urer,  school  agent,  clerk,  board  of  education  or  other  officer 
or  person  of  any  township,  city  or  incorporated  town,  unless 
a  report  of  the  number  of  children  or  white  persons,  and  other 
statistics  relative  to  schools,  and  a  statement  of  such  other  in- 
formation as  are  required  of  the  boards  of  trustees  or  direct 
as  aforesaid,  and  of  other  school  officers  and  teachers  under 
the  provisions  of  this  act,  shall  have  been  fded  at  the  time  or 
times  aforesaid,  specified  in  this  section,  with  the  school  coni- 
missioner  of  the  proper  county,  as  aforesaid. 

§  80.  In  townships  in  which  there  shall  be  persons  of 
color,  the  board  of  trustees  shall  allow  such  person-  a  portion 
of  the  school  fund  equal  to  the  amount  of  taxes  collected  for 
school  purposes  from  such  persons  of  color  in  their  respective 
townships. 

COMMON   SCHOOL   LANDS. 

§  81.  Section  number  sixteen  in  every  township  granted 
to  the  state  by  the  United  States  for  the  use  of  schools,  and 
Buch  Bections  and  parts  of  sections  as  have  been  or  ma; 
granted  as  aforesaid,  in  lieu  of  all  or  part  of  section  number 
sixteen,  and  also  i.A'  the  lands  which  have  been  or  may  be 
selected  and  granted  as  aforesaid,  for  the  use  of  schools  to  the 
inhabitants  of  fractional  townships  iu  which  there  is  no 
tion  number  sixteen,  or  where  such  section  shall  not  contain 
the  proper  proportion  for  the  use  oi'  schools  in  such  fractional 


SCHOOL   LAWS    OF   ILLINOIS.  35 

townships,  shall  be  held  as  common  school  lands ;  and  the 
provisions  of  this  act  referring  to  common  school  lands,  shall 
be  deemed  to  apply  to  the  lands  aforesaid. 

§  82.  All  the  business  of  such  townships,  so  far  as  relates 
to  common  school  lands,  shall  be  transacted  in  that  county 
which  contains  all  or  a  greater  portion  of  said  lands.  If  any 
person  shall,  without  being  duly  authorized,  cut,  fell,  box, 
bore,  destroy  or  carry  away  any  tree,  sapling  or  log,  standing 
or  being  upon  any  school  lands,  such  person  shall  forfeit  and 
pay  for  every  tree,  sapling  or  log  so  felled,  boxed,  bored,  de- 
stroyed or  carried  away,  the  sum  of  eight  dollars;  which  pen- 
alty shall  be  recovered,  with  costs  of  suit,  by  an  action  of 
debt  or  assumpsit,  before  any  justice  of  the  peace  having 
jurisdiction  of  the  amount  claimed,  or  in  the  county  or  circuit 
court,  either  in  the  corporate  name  of  the  board  of  trustees 
of  the  township  to  which  the  land  belongs,  or  by  action 
of  qui  tam,  in  the  name  of  any  person  who  will  first  sue 
for  the  same — one-half  for  the  use  of  the  person  suing,  the 
other  half  to  the  use  of  the  township  aforesaid.  When  two 
or  more  persons  shall  be  concerned  in  the  same  trespass,  they 
shall  be  jointly  and  severally  liable  for  the  penalty  herein  im- 
posed. Every  trespasser  upon  common  school  lands  shall  be 
liable  to  indictment,  and,  upon  conviction,  fined  in  three  times 
the  amount  of  the  injury  occasioned  by  said  trespass,  and  shall 
stand  committed  as  in  other  cases  of  misdemeanor.  All  pen- 
alties and  fines  collected  under  the  provisions  of  this  section 
shall  be  paid  to  the  township  treasurer,  and  be  added  to  the 
principal  of  the  township  fund.  And  all  other  fines,  penalties 
and  forfeitures  imposed  or  incurred  in  any  of  the  courts  of 
record,  or  before  any  of  the  justices  of  the  peace  of  this  state, 
except  fines,  forfeitures  and  penalties  incurred  or  imposed 
in  incorporated  towns  or  cities,  for  the  violation  of  the  by-laws 
or  ordinances  thereof,  shall,  when  collected,  be  paid  to  the 
school  superintendent  of  the  county  wherein  such  fines,  for- 
feitures and  penalties  have  been  imposed  or  incurred,  who  shall 
give  his  receipt  therefor ;  and  the  same  shall  be  distributed  by 
said  superintendent,  annually,  in  the  same  manner  as  the  com- 
mon school  funds  of  the  state  are  distributed ;  and  it  shall  be 
the  duty  of  the  state's  attorneys  of  the  several  judicial  cir- 
cuits, to  enforce  the  collection  of  all  fines,  forfeitures  and  pen- 
alties imposed  or  incurred  in  the  courts  of  record  in  their  sev- 
eral circuits,  and  to  pay  the  same  over  to  the  school  superin- 
tendents of  the  counties  wherein  the  same  have  been  imposed 
or  incurred,  retaining  therefrom  the  fees  and  commissions 
allowed  them  by  law ;  and  it  shall  be  the  duty  of  the  said  jus- 
tices of  the  peace  to  enforce  the  collection  of  all  fines  imposed 
by  them,  by  any  lawful  means ;  and,  when  collected,  the  same 


86  B(  BOOL    LAWS  01     ii  LIHOIS. 

shall  be  pnid  by  the  officer  charged  with  the  collection  tin-roof, 
to  the  cnool  Buperintendenl  of  the  county  in  which  the  same 
imposed.  ( llerka  of  paid  courts  of  record,  and  justice*  of 
the  peace,  -lull  report,  under  oath,  to  the  school  Buperintend- 
enl "i  their  respective  counties,  by  the  firsl  of  March,  annually, 
the  amounl  of  Buch  fines,  penalties  and  forfeitures  imposed  or 
incurred  in  their  respective  courts,  and  the  amount  of  Buch 
fines,  forfeitures  and  penalties  collected  by  them,  jiving  each 
item  separately,  and  the  officer  charged  with  the  collection 
thereof;  and  said  clerks  and  justi<  ea  or  the  peace,  for  a  failure 
in  make  Buch  a  report,  shall  be  liable  to  a  fine  of  twenty-live 
dollars  for  each  offense,  to  be  recovered  in  a  civil  action  at  the 
suit  of  the  school  superintendent  of  the  proper  county.  For 
a  failure  to  pay  any  Buch  fines,  forfeitures  or  penalties,  on  de- 
mand, to  the  person  who  is  by  law  authorized  to  receive  the 
same  the  officer  having  collected  the  same  or  having  the  same 
in  his  possession,  shall  forfeit  and  pay  double  the  amount  of 
such  fine,  penalty  or  forfeiture  as  aforesaid,  to  be  recovered 
before  any  court  having  jurisdiction  thereof,  in  a  qui  tarn 
action,  one-half  to  be  paid  to  the  informer  and  one-half  to 
the  school  fund  of  the  proper  county. 

SALE    OF    COMMON    SCHOOL    LANDS. 

§  83.  When  the  inhabitants  of  any  township,  or  fractional 
township,  shall  desire  the  sale  of  the  common  school  land  of 
the  township,  or  fractional  township,  they  shall  present  a  pe- 
tition to  the  county  superintendent  of  the  county  in  which 
the  school  lands  of  the  township,  or  the  greater  part  thereof, 
lie,  for  the  sale  thereof;  which  petition  shall  be  signed  by  at 
least  two-thirds  of  the  white  male  inhabitants  of  the  township, 
or  fractional  township,  of  and  over  twenty-one  years  of  age. 
The  signing  of  the  petition  must  be  in  the  presence  of  two 
citizens  of  the  township,  after  the  true  meaning  thereof  shall 
have  been  explained  ;  and  when  signed,  an  affidavit  shall  be 
affixed  thereto  by  the  two  citizens,  proving  the  signing  in  the 
manner  aforesaid,  and  stating  the  number  of  white  male  in- 
habitants in  the  township,  or  fractional  township,  of  and  over 
twenty-one  years  of  age;  and  said  petition,  so  proved,  shall 
be  delivered  to  the  county  superintendent  for  his  action 
thereon  :  Provided,  that  no  whole  section  shall  be  sold  in  any 
township  containing  less  than  two  hundred  inhabitants;  and 
common  school  lands  in  fractional  townships  may  be  Bold  when 
the  number  of  inhabitants  and  number  of  acres  are  in 
the  ratio  of  two  hundred  to  six  hundred  and  forty,  but  not 
before. 

§  84.     When  the  petition  and  affidavits  are  delivered  to  the 


SCHOOL   LAWS   OF   ILLINOIS.  37 

county  superintendent  as  aforesaid,  he  shall  notify  the  trustees 
of  said  township  thereof,  and  said  trustees  shall  immediately 
proceed  to  divide  the  land  into  tracts  or  lots  of  such  form  and 
quantity  as  will  produce  the  largest  amount  of  money ;  and 
after  making  such  division,  a  correct  plat  of  the  same  shall  he 
made,  representing  all  divisions,  with  each  lot  numbered  and 
defined,  so  that  its  boundaries  may  be  forever  ascertained. 
Said  trustees  shall  then  fix  a  value  on  each  lot,  having  regard 
to  the  terms  of  sale,  certify  to  the  correctness  of  the  plat, 
stating  the  value  of  each  lot  per  acre,  or  per  lot,  if  less  than 
one  acre,  and  referring  to  and  describing  the  lot  in  the  certifi- 
cate, so  as  fully  and  clearly  to  distinguish  and  identify  each 
lot ;  which  plats  and  certificate  shall  be  delivered  to  the  county 
superintendent,  and  shall  govern  him  in  advertising  and  sell- 
ing said  lands. 

§  85.  In  subdividing  common  school  lands  for  sale,  no  lot 
shall  contain  more  than  eighty  acres,  and  the  division  may  be 
made  into  town  or  village  lots,  with  roads,  streets  or  alleys 
between  them  and  through  the  same ;  and  all  such  divisions, 
with  all  similar  divisions  hereafter  made,  are  hereby  declared 
legal,  and  all  such  roads,  streets  and  alleys,  public  highways. 

§  86.  The  terms  of  selling  common  school  lands  shall  be 
to  the  highest  bidder,  for  cash,  with  the  privilege  to  each  pur- 
chaser of  borrowing  from  the  county  superintendent  the 
amount  of  his  bid  for  any  period  not  less  than  one  or  more 
than  five  years,  upon  his  paying  interest  and  giving  security, 
as  in  case  of  money  loaned  by  township  treasurer,  as  provided 
in  this  act. 

§  87.  The  place  of  selling  common  school  lands  shall  be 
at  the  court  house  of  the  county  in  which  the  lauds  are  situ- 
ated ;  or  the  trustees  of  schools  may  direct  the  sale  to  be 
made  on  the  premises  ;  and  upon  the  reception  by  the  county 
superintendent  of  the  plat  and  certificate  of  valuation  from 
the  trustees,  he  shall  proceed  to  advertise  the  said  land  for 
sale  in  lots,  as  divided  and  laid  off  by  said  trustees,  by  posting 
notices  thereof  in  at  least  six  public  places  in  the  county,  forty 
days  next  anterior  to  the  day  of  sale,  describing  the  land,  and 
stating  the  time,  terms  and  place  of  sale;  and  if  any  newspa- 
per is  published  in  said  county,  said  advertisement  shall  be 
printed  therein  for  four  weeks  before  the  day  of  sale — if  none, 
theu  it  shall  be  sold  under  the  notice  aforesaid. 

§  88.  Upon  the  day  appointed,  the  county  superintendent 
shall  proceed  to  make  sales  as  follows,  viz :  He  shall  begin  at 
the  lowest  uumberof  lots  and  proceed  regularly  to  the  highest, 
till  all  are  sold  or  offered.  No  lot  shall  be  sold  for  less  than  its 
valuation  by  the  trustees.  Sales  shall  be  made  between  the 
hours  of  ten  o'clock,  a.  m.,  and  six  o'clock,  p.  m.,  and  may 


14 ! 


.  ii.  >0L    i.  kWfi    -  'i     ii  i.i-  ■ 

continue  from  day  to  day.     The  loi    ihall  be  cried  separately, 
and  each  lot  cried  long  i  ;"  enable  any  one  pi.  senl  to 

bid  who  desire    it. 

39,  Upon  closing  the  sales  each  day,  the  purchasers  -hall 
each  pav  or  secure  the  payraeul  "I  the  purchase  money,  acci  rd- 
ing  to  the  terms  ol  sale;  or  in  case  of  his  failure  to  do  so  by 
ten  o'clock  tl  ding  day,  the  loi  purchased  shall  be  again 

offered  :it  public  Bale,  on  the  same  terms  a-  before,  artd  it'  the 
valuation  or  more  mall  be  bid  shall  be  stricken  off;  hut  i: 
valuation  be  not  bid  tin1  lot  shall  be  se1  down  as  not  sold.  If 
the  sale  is  or  is  not  made,  tin-  former  purchaser  Bhall  I"-  re- 
quired t<>  pay  thr  difference  between  hi-  bid  and  the  valuation 
of  the  lot  :  mid  in  case  of  his  failing  to  make  such  payment, 
the  county  superintendent  may  forthwith  institute  an  action 
of  debl  "i-  assumpsit,  in  his  name,  as  superintendent,  for  the 

of  tin'  inhabitants  of  the  township  where  the  land  lh 
the  required  sum ;  and  upon  making  proof  shall  be  entitled 
t c »  judgment,  with  costs  of  suit;  which,  when  collected,  Bhall 
be  added  to  the  principal  of  the  township  fund.  And  if  the 
amount  claimed  does  not  exceed  one  hundred  dollars,  tie 
may  he  instituted  before  a  justice  of  the  peace;  hut  if  more 
than  that  sum,  then  in  the  circuit  court  of  any  county  wherein 
the  party  may  he  found. 

>i  90.  All  lands  not  sold  at  public  sale,  as  herein  provided 
for,  -hall  he  subject  to  sale  at  any  time  thereafter,  at  the  valu- 
ation; and  county  superintendents  are  authorized  and  re- 
quired, when  in  their  power,  to  sell  all  BUch  lands  at  private 
sale,  upon  the  terms  at  which  they  are  offered  at  public  >ale. 

§  91.  In  all  cases  where  common  school  lands  have  been 
heretofore  valued,  and  have  remained  unsold  for  two  \ 
after  having  been  offered  for  sale,  or  Bhall  hereafter  remain 
unsold  for  that  length  of  time,  after  being  valued  and  offered 
for  sale  in  conformity  to  this  act,  the  trustees  of  BChools  where 
BUch  lands  are  situated  may  vacate  the  valuation  thereof,  by 
an  order  to  be  entered  in  hook  A.  of  the  county  superintend- 
ent, and  cause  a  new  valuation  to  he  made,  it',  in  their  opin- 
ion, the  interests  of  the  township  will  he  promoted  thereby. 
They  shall  make  said  second  valuation  in  the  same  manner  as 
the  ii ist  was  made,  and  shall  deliver  to  the  county  superin- 
tendent a  plat  of  such  second  valuation,  with  the  order  of 
vacation,  to  he  entered  as  aforesaid  :  whereupon  said  county 
superintendent  shall  proceed  in  Belling  said  lands  in  all  re- 
spects as  if  no  former  valuation  had  been  made:  Provided,  that 
the  second  valuation  may  be  made  by  the  trustees  of  Bch 
without  petition,  as  provided  in  this  act. 

vj  (.,-2.  Upon  the  completion  of  every  sale  by  the  purchaser,  the 
county  superintendent  shall  enter  the  same  on  book  B,  and  shall 


SCHOOL   LAWS    OP   ILLINOIS.  39 

deliver  to  the  purchaser  a  certificate  of  purchase,  stating  therein 
the  name  and  residence  of  the  purchaser,  describing  the  land  and 
the  price  paid  therefor ;  which  certificate  shall  be  evidence  of  the 
facts  therein  stated. 

§  93.  At  the  first  regular  term  «f  the  county  court  in  each 
year,  the  county  superintendent  shall  present  to  the  court  of  his 
county — first,  a  statement  showing  the  sales  of  school  lands  made 
subsequent  to  the  first  regular  term  of  the  previous  year,  which 
shall  be  a  true  copy  of  the  sale  book,  (book  B);  second,  state- 
ments of  the  amount  of  money  received,  paid,  loaned  out  and  on 
hand,  belonging  to  each  township  or  fund  under  his  control — the 
statement  of  each  fund  to  be  separate ;  third,  statements  copied 
from  his  loan  book,  (book  C),  showing  all  the  facts  in  regard  to 
loans  which  are  required  to  be  stated  upon  the  loan  book ;  all  of 
which  the  county  court  shall  thereupon  examine  and  compare 
with  the  vouchers  ;  and  the  said  county  court,  or  so  many  of  them 
as  may  be  present  at  the  term  of  the  court  shall  be  liable,  individ- 
ually, to  the  fund  injured,  and  to  the  securities  of  said  county  su- 
perintendents, in  case  judgments  be  recovered  of  said  securities, 
for  all  damages  occasioned  by  a  neglect  of  the  duties,  or  any  of 
them,  required  of  them  by  this  section :  Provided,  nothing  herein 
contained  shall  be  construed  to  exempt  the  securities  of  said  county 
superintendent  from  any  liability  as  such  securities,  but  they  shall 
still  be  liable  to  the  fund  injured  the  same  as  if  the  county  super- 
intendents were  not  liable. 

§  94.  The  county  superintendent  shall,  also,  at  the  time  afore- 
said, transmit  to  the  auditor  of  public  accounts,  a  full  and  exact 
transcript  from  boo£  B,  of  all  the  sales  made  subsequent  to  each 
report.  The  statement  required  to  be  presented  to  the  county 
court  shall  be  preserved,  and  copied  by  the  clerk  of  said  court 
into  a  well  bound  book,  kept  for  that  purpose  ;  and  the  list  trans- 
mitted to  the  auditor  shall  be  filed,  copied  and  preserved  in  like 
manner. 

§  95.  Every  purchaser  of  common  school  land  shall  be  entitled 
to  a  patent  from  the  state,  conveying  and  assuring  the  title. 
Patents  shall  be  made  out  by  the  auditor,  from  returns  made  to 
him  by  the  county  superintendent.  They  shall  contain  a  descrip- 
tion of  the  land  granted  ;  and  shall  be  in  the  name  of  and  signed 
by  the  governor,  countersigned  by  the  auditor,  with  the  great  seal 
of  the  state  affixed  thereto  by  the  secretary  of  state,  and  shall 
operate  to  vest  in  the  purchaser  a  perfect  title  in  fee  simple. 
When  patents  are  executed  as  herein  required,  the  auditor  shall 
note  on  the  list  of  sales,  the  date  of  each  patent,  in  such  maimer  as 
to  perpetuate  the  evidence  of  its  date  and  delivery,  and  thereupon 
transmit  the  same  to  the  county  superintendent  of  the  proper 
county,  to  be  by  him  delivered  to  the  patentee,  his  heirs  or  as- 
signs, upon  the   return   of  the  original   certificate  of  purchase  ; 


I')  i  HOOL    i.w,      OF   II. uv 

which  certificate,  when  returned,  shall  be  filed  and  preserved  by 
the  county  superintendent. 

Purchasers  of  common  school  lands,  :m<l  their  heirs  :m<l 
is,  111:1  v  obtain  duplicate  copies  of  their  certificate!  of  purchase 
and  of  patents,  upon  filing  affidavh  with  1 1 1 « -  county  superintendent 
in  reaped  to  certificates,  and  with  the  auditor  in  respect  to  patents, 
proving  the  loss  or  destruction  of  the  originals ;  and  such  copies 
shall  bave  all  the  force  and  effect  of  the  originals. 


A«   l  -    REPEALED. 

§  '.'7.  An  act  entitled  "An  act  to  establish  and  maintain  com* 
mon  schools,"  approved  February  1 -',  1849,  and  an  act  to  amend 
said  act,  approved  February  1-,  1851,  and  an  act  entitled  "An 
act  tci  increase  the  school  fund,"  approved  February  10,  L853,  and 
all  other  arts  and  parts  of  acts  coming  in  conflict  with  the  pr< 
ions  of  this  act,  arc  hereby  repealed.  This  act  -hall  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  February  16,  1865. 


AM  ACT  to  repeal  so  much  of  the  scl 1  law  as  exempts  school  officers  from 

Berving  on  juries  in  courts  of  record. 

Section  1.    Be  it  enacted  by  the  People  of  the  State  of  Tlli 

■  hi,, J  in  the  General  Asst,,i/l//,  That  so  much  of  section 
Beventy-two  of  an  act  entitled  "An  act  to  establish  and  maintain 
a  Bystem  lit'  live  schools,"  approved  February  16,  1857,  a-  exempts 
school  officers  from  serving  on  juries  in  courts  of  record  in  this 
state,  is  hereby  repealed. 

^   -,     This  act  shall  take  effect  from  and  after  its  passage. 

Approved  February  16,  1865. 


AN  ACT  for  the  establishment  and  maintenance  of  a  Normal  University. 

Section  1.  Be  it  enacted  by  the  PeojJr  of  tl 
represented  in  the  General  Assembly,  That  ( '.  B.  Denio,  of  Jo 
Daviess  county,  Simeon  Wright,  of  Lee  county,  Daniel  Wilkins, 
of  McLean  county,  C.  E.  Hovey,  of  Peoria  county,  George  P. 
Rex,  of  Pike  county.  Samuel  W.  Moulton,  of  Shelby  county,  John 
Gillespie,  of  Jasper  county,  George  Bunsen,  of  St.  Clair  county, 
A\  esley  Sloan,  of  Pope  county,  Ninian  W.  Edwards,  of  Sangamon 
county,  John  Eden,  of  Moultrie  county,  Elavel  Mosely,  of  Cook 
county.  William  II.  Wells,  of  Cook  county.  Albert  P.  Shannon, 
of  \\  hite  county,  and  the  superintendent  ^<(  public  instruction,  ex- 
officio,  with  their  associates,  who  Bhall  be  elected   as   herein   provi- 


SCHOOL   LAWS   OF   ILLINOIS.  41 

dec!,' and  their  successors,  are  hereby  created  a  body  corporate  and 
politic,  to  be  styled  "  The  Board  of  Education  of  the  State  of 
Illinois,"  and  by  that  name  and  style  shall  have  perpetual  succes- 
sion, and  have  power  to  contract  and  be  contracted  with,  to  sue 
and  be  sued,  to  plead  and  be  impleaded,  to  acquire  hold  and  con- 
vey real  and  personal  property ;  to  have  and  use  a  common  seal, 
and  to  alter  the  same  at  pleasure  ;  to  make  and  establish  by-laws, 
and  alter  or  repeal  the  same  as  they  shall  deem  necessary  for  the 
government  of  the  Normal  University  hereby  authorized  to  be  es- 
tablished, or  any  of  its  departments,  officers,  students  or  em- 
ployes, not  in  conflict  with  the  constitution  and  laws  of  this 
state,  or  of  the  United  States  ;  and  to  have  and  exercise  all  powers, 
and  be  subject  to  all  duties  usual  and  incident  to  trustees  of  corpo- 
rations. 

§  2.  The  superintendent  of  public  instruction,  by  virtue  of  his 
office  shall  be  a  member  and  secretary  of  said  board,  and  shall 
report  to  the  legislature  at  its  regular  sessions  the  condition  and 
expenditures  of  said  Normal  University,  and  communicate  such 
further  information  as  the  said  board  of  education  or  the  legislature 
may  direct. 

§  3.  No  member  of  the  board  of  education  shall  receive  any 
compensation  for  attendance  on  the  meetings  of  the  board,  except 
his  necessary  traveling  expenses ;  which  shall  be  paid  in  the  same 
manner  as  the  instructors  employed  in  the  said  Normal  University 
shall  be  paid.  At  all  the  stated  and  other  meetings  of  the  board, 
called  by  the  president  or  secretary,  or  any  five  members  of  the 
board,  five  members  shall  constitute  a  quorum,  provided  all  shall 
have  been  duly  notified. 

§  4.  The  objects  of  the  said  Normal  University  shall  be  to 
qualify  teachers  for  the  common  schools  of  this  State,  by  imparting 
instruction  in  the  art  of  teaching,  in  all  branches  of  study  which 
pertain  to  a  common  school  education,  in  the  elements  of  the  natu- 
ral sciences,  including  agricultural  chemistry,  animal  and  vegeta- 
ble physiology,  in  the  fundamental  laws  of  the  United  States  and 
the  state  of  Illinois  in  regard  to  the  rights  and  duties  of  citizens, 
and  such  other  studies  as  the  board  of  education  may  from  time  to 
time  prescribe. 

§  5.  The  board  of  education  shall  hold  its  first  meeting  at  the 
office  of  the  superintendent  of  public  instruction,  on  the  first  Tues- 
day in  May  next,  at  which  meeting  they  shall  appoint  an  agent, 
fixing  his  compensation,  who  shall  visit  the  cities,  villages  and 
other  places  in  the  state,  which  may  be  deemed  eligible  for  the 
purpose,  to  receive  donations  and  proposals  for  the  establishment 
and  maintenance  of  the  Normal  University.  The  board  shall 
have  power  and  it  shall  be  their  duty  to  fix  the  permanent  loca- 
tion of  said  Normal  University  at  the  place  where  the  most  favor- 
able  inducements   are  offered   for  that  purpose :    Provided,  that 


12  [001    LAWfl   OP    [LLIH01    , 

-iuli  location  hall  do!  be  difficult  of  access,  or  detrimental  t<>  the 
welfare  and  prosperity  of  said  Normal  University. 

£  fi.  The  board  of  education  Bhall  rij*]»*>ifit  a  principal,  lecturer 
<>n  icientific  subjects,  instructors  and  instructresses,  togethi  r  with 
such  officers  as  hall  be  required  in  the  said  Normal  University, 
li\  their  respective  salaries  and  prescribe  their  several  duties. 
They  Bhall  also  have  power  to  remove  any  of  them  for  proper 
cm  e,  after  having  given  ten  days'  notice  of  any  charge,  which 
may  be  duly  presented  and  reasonable  opportunity  for  defense. 
They  shall  also  prescribe  the  text  books,  apparatue  and  furniture 
to  be  ii  ed  in  the  university,  and  provide  the  Bame;  and  shall 
make  all  regulations  necessary  for  its  management.  And  the 
board  Bhall  have  the  power  to  recognize  auxiliary  institutions  when 
deemed  practicable:  Provided,  thai  such  auxiliary  institutions 
shall  not  receive  an  appropriation  from  the  treasury,  or  the  semi- 
nary or  university  fund. 

£  7.  Bach  county  within  the  state  shall  be  entitled  to  gratuit- 
ous instruction  for  one  pupil  in  said  Normal  University;  and 
each  representative  district  shall  be  entitled  to  gratuitous  instruc- 
tion for  a  number  of  pupils  equal  to  the  number  of  representatives 
in  said  district,  to  l>e  chosen  in  the  following  manner:  The  county 
superintendent  in  each  county  shall  receive  and  register  the  names 
of  all  applicants  for  admission  in  said  Normal  University,  and 
shall  present  the  same  to  the  county  court,  or,  in  counties  acting 
under  township  organization,  to  the  hoard  of  supervisors,  a-  the 
case  may  he;  who  shall,  together  with  the  county  superintendent, 
examine  all  applicants  so  presented  in  such  a  manner  a-  the 
hoard  of  education  may  direct,  and  from  the  number  of  such 
as  shall  he  found  to  possess  the  requisite  qualifications,  Buch 
pupils  -hall  he  selected  by  lot;  and  in  representative  districts 
composed  of  more  than  one  county,  the  county  superintendent 
and  county  judge,  or  the  county  superintendent  and  chairman 
of  the  hoard  of  supervisors,  in  counties  acting  under  township 
organization,  as  the  case  may  he,  of  the  several  counties  composing 
such  representative  district,  shall  meet  at  the  clerk's  office  of  the 
county  court  of  the  oldest  county,  ami  from  the  applicants  BO 
presented  to  the  county  court  or  board  of  supervisors  of  the 
several  counties  represented,  and  found  to  possess  the  requisite 
qualifications,  shall  select  by  lot  the  number  of  pupils  to  which 
said  district  is  entitled.  The  board  of  education  shall  have  the 
discretionary  power,  if  any  candidate  does  not  sign  and  tile  with 
the  secretary  of  the  hoard  a  declaration  that  he  or  she  will  teach 
in  the  public  schools  within  the  state,  in  case  that  engagements 
can  he  secured  by  reasonable  efforts,  to  require  such  candidate 
to  provide  for  the  payment  of  such  fees  for  tuition  as  the  board 
may  prescribe. 

£  8.     The    interest  of  the    university   and    seminary  fund,  or 


SCHOOL   LAWS   OF   ILLINOIS.  43 

such  part  thereof  as  may  be  found  necessary,  shall  be  and  is 
hereby  appropriated  for  the  maintenance  of  said  Normal  Univer- 
sity, and  shall  be  paid  on  the  order  of  the  board  of  education  from 
the  treasury  of  the  state ;  but  in  no  case  shall  any  part  of  the 
interest  of  said  fund  be  applied  to  the  purchase  of  sites,  or  for 
buildings  for  said  University. 

§  9.  The  board  shall  have  power  to  appropriate  the  one 
thousand  dollars  received  from  the  Messrs.  Merriams,  of  Spring- 
field, Massachusetts,  by  the  late  superintendent,  to  the  purchase 
of  apparatus  for  the  use  of  the  Normal  University,  when  estab- 
lished ;  and  hereafter,  all  gifts,  grants  and  demises  which  may 
be  made  to  the  said  Normal  University  shall  be  applied  in  accord- 
ance with  the  wishes  of  the  donors  of  the  same. 

§  10.  The  board  of  corporators  herein  named,  and  their  suc- 
cessors, shall  each  of  them  hold  their  office  for  the  term  of  six 
years :  Provided,  that  at  the  first  meeting  of  said  board,  the  said 
corporators  shall  determine,  by  lot,  so  that  one-third  shall  hold 
their  office  for  two  years,  one-third  for  four  years,  and  one-third 
for  six  years.  The  governor,  by  and  with  the  advice  and  consent 
of  the  senate,  shall  fill  all  vacancies  which  shall  at  any  time  occur 
in  said  board,  by  appointment  of  suitable  persons  to  fill  the  same. 

§  11.  At  the  first  meeting  of  the  board,  and  at  eacfi  biennial 
meeting  thereafter,  it  shall  be  the  duty  of  said  board  to  elect  one 
of  their  number  president,  who  shall  serve  until  the  next  biennial 
meeting  of  the  board,  and  until  his  successor  is  elected. 

§  12.  At  each  biennial  meeting  it  shall  be  the  duty  of  the 
board  to  appoint  a  treasurer,  who  shall  not  be  a  member  of  the 
board,  and  who  shall  give  bond,  with  such  security  as  the  board 
may  direct,  conditioned  for  the  faithful  discharge  of  the  duties  of 
his  office. 

§  13.  This  act  shall  take  effect  on  and  after  its  passage,  and 
be  published  and  distributed  as  an  appendix  to  the  school  law. 

Approved  February  18,  1857. 


Common  School  Decisions. 


PART  I. 

DISCUSSION    OF  AMENDMENTS. 

PART  II. 

OFFICIAL   AND   JUDICIAL   DECISIONS. 

PART     III. 
FORMS    OF    SCHOOL   INSTRUMENTS. 


PART   I. 


Discission  of  Amendments. 


I  shall  now  consider,  seriatim,  the  several  sections  of  the 
school  law  which  were  amended  or  changed  by  the  acts  passed 
by  the  24th  and  25th  General  Assemblies,  and  approved  Feb- 
ruary 16,  1865,  and  February  28,  1867;  and  shall  endeavor  to 
analyze  and  explain  each  amendment, , and  to  show  in  what 
manner  and  to  what  extent  the  rights  and  duties  of  school 
officers  and  others  are  affected  thereby. 

§  1.  The  first  section  of  the  act  is  so  amended  as  to  ex- 
tend the  term  of  office  of  the  state  superintendent  of  public 
instruction,  from  two  years,  to  four  years.  The  amendment 
takes  effect  from  and  after  the  election  to  be  held  on  Tuesday 
after  the  first  Monday  of  November,  a.  d.  1866.  The  state 
superintendent  elected  at  that  time,  will  hold  his  office  for  four 
years,  which  will  thereafter  constitute  the  legal  official  term 
of  that  officer. 

Probably  no  other  of  the  recent  changes  in  the  school  law, 
will  meet  with  more  general  approval  among  thinking  men, 
than  this.  The  duties  of  the  superintendency  are  difficult  and 
complicated.  They  require  an  intimate  knowledge,  not  only 
of  the  school  law,  but  of  many  other  state  laws;  as  well  as  of 
such  decisions  of  the  courts  as  have  been,  and  from  time  to 
time  may  be,  rendered  in  relation  to  common  schools.  They 
also  require  a  thorough  acquaintance  with  the  history,  prog- 
ress, and  workings  of  the  system  in  past  years;  the  evils  to 
be  remedied  or  avoided,  and  the  benefits  to  be  secured.  They 
demand  a  knowledge  of  a  great  variety  of  legal  and  official 


48  DISCUSSION  OF    kHENDMENTS. 

forms,  and  of  the  intricate  details  connected  with  the  collect- 
ing, arranging,  and  tabulating  of  educational  reports  and  sta- 
tistics. The  superintendent  must  also  be  conversant  with  all 
the  official  decisions  nn<  1  instructions  of  his  predeci 
office  :  will:  the  line  of  Bauctioned  precedents  in  matters  which 
are  tint,  and  cannot  be,  specifically  provided  for  by  law:  and 
wit  1 1  the  general  history  of  common  school  legislation  and  ad- 
ministration in  other  states.  lie  must  understand  the  principles 
of  educational  philosophy;  the  theory  and  methods  of  teach- 
ing; and  the  organization,  classification,  and  management  <»f 
schools;  so  that  In'  may  be  the  prompt  and  intelligent  ad 
and  counselor  of  teachers  and  school  officers.  Be  should  keep 
himself  informed  of  the  character  and  merits  of  the  principal 
common  school  text  hooks  of  the  country  and  of  the  improve- 
ments or  changes  made  therein,  in  order  to  make  safe  and  pru- 
dent suggestions  on  the  subject,  when  applied  to  for  informa- 
tion or  advice  in  the  premises. 

It  would  be  easy  to  extend  this  statement  of  the  preparation 
necessary  for  the  proper  discharge  of  the  duties  of  the  super- 
intendency,  but  enough  has  been  said  to  show  that  no  man, 
without  previous  experience,  can  be  more  than  just  prepared 
for  the  efficient  discharge  of  the  duties  of  his  position,  within 
the  time  formerly  allotted  to  the  official  te.rm;  and  that  the 
public  interests  must  necessarily  suffer  by  such  frequent 
changes. 

A  still  more  important  consideration  is  the  impossibility, 
under  a  two  year's  tenure,  of  carrying  out  any  comprehensive 
educational  policy.  Knowing  that  such  a  policy  would  he  lia- 
ble to  be  arrested,  and  perhaps  reversed,  before  its  legitimate 
results  could  be  realized,  no  superintendent  could  feel  encour- 
aged, under  the  former  system,  to  attempt  it;  while,  on  the 
other  hand,  the  loss  to  the  common  school  interests  of  the 
state,  consequent  upon  the  lack  of  a  definite  plan  of  adminis- 
tration, is  too  obvious  for  remark.  A  poor  policy  is  better 
than  none — an  imperfect  system  of  means  is  better  than  un- 
certain and  frequent  changes. 

The  duties  of  main-  offices  are  so  simple,  so  much  a  matter  of 
rule  and  routine,  that  frequent  changes  work  no  detriment  to 
the  service — the  new  incumbent  can  readily  take  up  the  work 
where  his  predecessor  left  off,  and  carry  it  forward  without 


DISCUSSION   OF   AMENDMENTS.  49 

material  interruption.  In  this  case  it  is  not  so.  A  long  and 
studious  preparation  is  indispensable.  It  is  not  too  much  to 
say  that  any  superintendent  can  accomplish  double  the  amount 
of  effective  labor,  during  a  second  term  of  two  years,  that  he 
can  during  the  first,  and  that  the  work  will  be  more  than 
twice  as  well  done.  For  these  reasons,  and  others  that  will 
hereafter  appear,  it  cannot  be  doubted  that  the  amendment 
under  consideration  is  eminently  judicious,  and  one  that  will 
largely  contribute  to  the  future  prosperity  of  our  educational 
system.  * 

§  11.  Section  eleven  is  amended  by  substituting  the  term 
"county  superintendent  of  schools,"  for  that  of  "school  com- 
missioner ; "  and  by  extending  the  term  of  office  to  four  years, 
to  take  effect  from  and  after  the  election  on  the  Tuesday  next 
after  the  first  Monday  in  November,  1865.  The  change  of 
official  designation  will  be  approved  for  its  obvious  fitness  and 
propriety.  JSTo  one  will  need  to  ask  what  is  meant  by  "  county 
superintendent  of  schools,"  while  no  one,  not  previously  in- 
formed, could  be  sure  of  tire  nature  of  the  office  referred  to 
by  the  words,  "  school  commissioner."  The  former  is  definite 
and  appropriate;  the  latter,  vague  and  almost  unmeaning. 
The  appellation,  "commissioner,"  is  a  familiar  and  general 
one,  as  "  bank  commissioner,"  "  canal  commissioner,"  etc.,  and 
the  meaning  of  the  term,  when  so  used,  is  generally  under- 
stood ;  but  nothing  could  be  further  from  the  truth  than  to 
suppose  that  the  word  had  a  similar  import  when  applied  to 
the  highest  county  school  officer.  The  new  title  indicates  the 
true  nature  of  the  service  to  be  performed  by  the  officer  so 
designated.  He  is  to  superintend  the  common  schools  and 
school  affairs  of  his  county ;  all  of  his  other  duties  are  sub- 
ordinate in  importance.  His  relations  to  the  county  are 
similar  in  character  and  jurisdiction  to  those  of  the  state 
superintendent  to  the  state.  It  is  in  one  sense  a  small  mat- 
ter by  what  appellation  an  officer  is  known,  but  that  is  no 
reason  why  the  rules  of  taste  and  fitness  should  not  be 
observed  when  practicable.  The  designation,  "county  super- 
intendent of  schools,"  has  long  been  suggested  by  school  com- 
missioners and  teachers,  and  is  now  happily  adopted  by  the 
legislature. 

4 


50  DI8<    I    BBION     01      \M1.\  MMI.NT8. 

Rights  of  property,  and  all  other  interests  affected  by  the 
change  of  uame,  are  guarded  and  protected  \>y  the  following 
provision : 

"  The  -:ii'l  county  Buperintendenta  of  schools  Bhall  be  -ncces- 
Rors  to  iIm'  Bchool  commissioners,  as  heretofore  known  and 
designated  in  the  acl  t<>  which  this  ad  is  amendatory,  and  all 
ol In »r  acts  where  the  term  'school  commissioner'  is  used.  And 
all  rights  of  property,  and  rights  and  causes  of  action,  exist- 
ing  or  vested  in  school  commissioners,  lor  tin-  use  of  the  in- 
habitants of  the  county,  or  any  township  thereof,  or  any  part 
of  them,  shall  vest  in  the  county  superintendents  of  schools, 
as  successors,  in  as  full  and  complete  a  manner  as  was  vested 
in  the  school  commissioners." 

The  section  is  also  amended  by  extending  the  tenure  of  the 
office  of  county  superintendent  to  four  years,  the  same  as  the 
state  superintendent.  County  superintendents  elected  last  No- 
vember will,  therefore,  hold  their  offices  till  November,  1869. 
The  arguments  in  favor  of  this  extension  of  tenure  are  forcibly 
stated  by  my  immediate  predecessor  in  his  biennial  report,  as 
follows:  "With  reference  to  the  school  commissioner-hip, 
three  things  ought  to  be  provided  for  in  the  duration  of  the 
official  tenure.  First,  sufficient  time  should  be  allowed  the 
officer  to  devise,  mature,  and  carry  into  effect  his  plans  of 
administration,  particularly  those  relating  to  school  super- 
vision,— in  a  word,  to  establish  system,  and  to  test  by  patient 
operation  its  practical  utility.  Opportunity  should  be  given 
not  only  to  devise  a  policy,  but  to  establish  it,  as  our  school 
system  can  only  be  secured  against  the  evils  of  capricious  ex- 
periment and  change  by  the  permanency  of  its  local  policies. 
Permanency  of  policy  cannot  be  expected,  when  an  officer  is 
subjected  at  very  short  intervals  to  the  contingencies  of  suc- 
cession, and  when  the  incumbents  appear  and  disappear  as 
rapidly  as  the  supernumerary  characters  in  a  play  upon  the 
boards  of  a  theater.  Our  county  superintendents  cau  effect 
nothing  in  their  jurisdiction  worthy  of  their  pains,  without  the 
aid  of  system  —  system  necessarily  requires  time  for  develop- 
ment, maturity,  establishment,  and  time  to  demonstrate  its 
efficiency  by  the  production  of  results  which  follow  in  the 
course  of  its  operation.  It  is  something  of  a  personal  vexa- 
tion, to  say  nothing  of  the  public  injury  which  follows,  for  an 


DISCUSSION   OF   AMENDMENTS.  51 

officer  to  be  called  off  from  bis  work  just  at  a  time  when  he 
has  succeeded  in  perfecting  his  plans  and  adapting  his  agencies 
to  some  happy  and  useful  consummation  which  he  has  set  his 
heart  upon,  and  leave  his  work  to  another,  who  has  neither 
the  will  to  approve,  nor  the  wisdom  to  execute  the  plans  which 
have  been  elaborated  with  so  much  pains.  Worse  than  this  is 
it,  to  have  a  useful  and  harmonious  system,  which  has  been 
actually  put  into  operation,  and  whose  operation  promises  so 
much  of  real  good  to  the  interests  it  was  designed  to  subserve, 
misapprehended,  misapplied  and  mismanaged,  to  the  detri- 
ment of  those  great  interests,  by  the  ignorance  or  carelessness 
of  an  incompetent  successor.  Doubtless  the  shortness  of  the 
official  term  has  operated  greatly  to  the  discouragement  of 
systematic  effort  for  the  improvement  of  our  educational  in- 
terests, because  plans  of  improvement  which  require  time  for 
maturity,  and  whose  success  depends  upon  the  personal  super- 
vision and  direction  of  the  mind  that  originates  them,  will, 
either  not  be  undertaken  for  want  of  time  to  develop  and  apply 
them,  or  they  will  soon  be  suspended  or  superseded  by  the  in- 
terference of  some  unappreciative  follower  in  office,  and  their 
whole  effect  disannulled.  A  policy  which  will  encourage  sys- 
tem in  our  county  administrations — system  which  could  have 
something  of  permanence  and  fixity  associated  with  it,  which 
would  be  secure  from  interference,  innovation,  supercession, 
would  tell  directly  and  powerfully  upon  the  common  school 
interests  of  the  state.  It  is  believed  that  a  lengthening  of  the 
official  term  of  our  commissioners  would  have  such  a  tendency. 
"The  second  object  which  ought  to  be  regarded  in  the  ap- 
pointment of  the  term  of  office  should  be,  to  secure  to  the 
officer  the  incumbency  of  his  place  for  such  a  term  as  will  in- 
volve some  high  idea  of  official  responsibility.  The  sense  of 
responsibility  in  office  will  generally  be  in  proportion  to  the 
duration  of  the  official  tenure.  A  too  limited  tenure  of  office 
is  likely  to  lessen  the  sense  of  responsibility.  The  very  short- 
ness of  the  connection  which  identifies  the  man  with  the  posi- 
tion seems  to  detract  from  the  importance  of  the  office  and 
tempts  to  negligence  and  carelessness.  It  would  seem  reason- 
able that  the  feeling  of  responsibility  should  be  deepened  as 
the  official  term  is  lengthened,  for  the  reason  that  the  officer 
stands  responsibly  associated  with  the  results  of  his  public 


52  Discussion  01    lmeh  dmbvtb. 

until  the  expiration  of  hia  term,  and  in  proportion  as  the 
period  of  expiration  is  future,  will  the  sense  of  responsibility 
attained.  ■  From  the  files  in  my  office,  I  could  select  two 
reporta  from  county  commissioners,  one  returned  by  a  n  tiring 
officer  and  the  other  by  ;i  re-elected  officer.  The  first  bears 
unmistakable  evidences  of  official  remissness,  the  other  bean 
as  onmistakable  evidences  of  official  diligence  and  care. 
With  the  first  the  aense  of  responsibility  bad  eeased  to  oper- 
at, — with  th<'  other  it  was  active  and  sustained.  The  connec- 
tion of  the  firsl  with  the  obligationa  of  office  waa  about  being 
dissolved,  and  responsibility  died  with  the  prospect.  The  con- 
nection of  the  other  was  perpetuated,  and  responsibility  was 
kept  alive  with  the  recollection  of  continued  accountability. 
This,  I  think  is  a  rational  account  of  the  difference.  At  all 
events,  the  sustained  interest  of  an  officer  in  the  business  en- 
trusted to  him  depends  greatly  upon  the  fact  of  his  continuous 
and  continuing  accountability. 

"The  third  object  to  be  provided  for  in  fixing  the  tenure 
of  the  office  is  to  make  the  incumbent  feel  secure  of  retaining 
his  position  for  such  a  length  of  time  as  will  render  the  office 
in  the  estimation  of  the  holder  really  valuable  and  desirable. 
If  such  provision  is  made  for  permanent  incumbency,  the  office 
is  taken  possession  of  with  a  satisfied  and  contented  disposi- 
tion, which  is  highly  favorable  to  efficiency  and  success.  If 
such  provision  is  not  made,  the  officer  accepts  the  position 
with  the  knowledge  of  its  merely  temporary  tenure,  and  with 
a  consequent  unsettledness  of  mind  which  disposes  him  to  re- 
gard his  place  in  the  light  of  a  mere  incident  to  some  higher 
and  more  permanent  position.  lie  cannot  look  upon  his  office 
as  affording  him  employment  and  emolument  for  any  considera- 
ble time  to  come — he  cannot  feel  fixed  in  his  station.  There 
is  a  temptation,  consequently,  to  use  the  office  as  a  stepping- 
stone  to  higher  preferment — a  mere  round  in  the  ladder  of 
ambition  by  which  the  incumbent  can  mount  to  higher  honors. 
He  will  be  liable,  in  all  such  cases,  to  use  the  influence  of  his 
office  with  reference  to  his  ulterior  design.  Instead  of  ad- 
dressing himself  to  the  earnest  and  faithful  discharge  of  his 
duties,  with  a  single  eye  to  the  great  interests  committed  to 
his  hands,  his  eyes  are  oftener  fixed  upon  the  political  ehances 
occurring  around  him,  with  the  hope  of  discovering  both  the 


DISCUSSION    OF   AMENDMENTS.  53 

opportunity  and  the  means  of  official  promotion.  This  tempta- 
tion to  demagogism  arises  out  of  the  limited  tenure  of  the 
office.  An  extension  of  the  official  term  to  a  period  which 
would  render  the  incumbency  more  permanent,  would  weaken 
the  temptation — perhaps  remove  it  altogether.  Could  a 
change  be  effected  here,  and  the  term  of  the  school  commis- 
sioner's office  be  extended  to  twice  the  length  of  the  present 
term,  I  think  we  would  witness  many  good  effects  following. 
Systematic  administration  would  take  the  place  of  unmethodic 
and  disorderly  policies  which  now  too  often  prevail— official 
responsibility  would  be  heightened  and  sustained,  and  in  con- 
sequence, the  duties  of  the  office  would  be  discharged  with 
more  earnest  zeal  and  fidelity — a  feeling  of  security,  growing 
out  of  the  knowledge  of  fixed  and  permanent  incumbency 
would  possess  the  minds  of  our  officers,  and  regarding  their 
position  as  one  of  permanent  and  honorable  service,  and  not 
as  a  mere  temporary  accommodation,  they  would  labor  con- 
tentedly at  their  stations,  not  coveting  or  seeking  other  more 
permanent  offices.  That  these  results  would  follow  such  a 
change  seems  reasonable,  and  if  so,. they  would  be  quite  suffi- 
cient to  justify  the  innovation." 

It  will  be  observed  that  these  arguments  apply  with  equal 
force — most  of  them  with  still  greater  force — to  the  tenure  of 
the  state  superintendent.  They  cannot  fail  to  convince  all 
thinking  men  of  the  wisdom  of  the  change,  and  experience 
will,  I  doubt  not,  still  further  vindicate  the  same.  It  is  proper 
to  add  that  this  extension  of  tenure  is  in  accordance  with  the 
theory  and  practice  of  the  older  free  school  states,  where  the 
opinion  in  its  favor  is  almost  unanimous. 

§  15.  The  object  of  the  amendment  to  this  section  is  to 
throw  further  safeguards  around  the  township  funds,  by  re- 
quiring a  closer  scrutiny  of  the  bonds  of  township  treasurers, 
on  the  part  of  county  superintendents.  For  lack  of  such 
scrutiny  many  townships  have  suffered  heavy  losses ;  and 
there  is  reason  to  fear  that  many  bonds  now  on  file  are  worth- 
less by  reason  of  fatal  defects  of  form,  or  failure  of  renewal 
for  a  term  of  years,  and  the  consequent  present  insufficiency 
of  the  securities.  It  is  true  that  the  duty  of  passing  upon  the 
sufficiency  of  the  township  treasurer's  securities,  and  of  ap- 


5  I  DISCUSSION  01     AMENDMENTS, 

proving  hh  bond,  rests  by  law,  primarily,  upon  the  board  of 
tin  tees,  and  thai  tin-  penal  consequences  of  neglect  fall  « •  1 1 1  * •  f  1  _>* 
upon  them.  (§74.)  But  it  is  plain  from  tin-  language  of  this 
section,  as  amended,  thai  it  is  the  intention  of  tin-  legislature 
iniir  greater  vigilance  than  heretofore  on  the  part  of 
county  superintendents,  ;i-  an  additional  safeguard  lot-  tin; 
funds  of  tlic  township.  Hence,  if  a  bond  is  "in  any  respect 
defective"  they  must  "return  it  for  correction."  Their  duty 
is  not  fulfilled  by  simply  acting  ;is  the  custodian  of  the  bonds 
of  township  treasurers,  and  accepting,  without  investigation, 
all  that  arc  presented,  provided  only  that  they  are  appi 
by  the  requisite  numher  of  trustees.  They  must  closely  ex- 
amine every  instrument,  to  see  that  it  is  in  strict  conformity 
with  the  law;  that  it  is  duly  renewed  every  two  years,  and.  as 
far  as  practicable,  that  the  securities  are  good  and  sufficient." 
And  until  the  bonds  are  purged  of  all  defects,  they  must  re- 
fuse to  pay  over  the  funds,  or  to  deliver  up  the  papers,  etc.,  to 
the  township  treasurers  concerned.  When  a  bond  is  perfected, 
according  to  law,  and  to  the  requirements  of  the  county  super- 
intendent, and  not  before,  that  officer  will  "indorse  his  ap- 
proval thereon,  aud  file  the  same  with  the  papers  of  his 
office." 

§  16.  The  basis  of  distribution  of  the  state  and  county 
school  fund,  by  county  superintendents,  remains  unchanged, 
viz:  one-third  by  territory,  and  two-thirds  by  census  of  white 
children  under  twenty-one  years  of  age.  But  no  distribution 
is  to  be  made  to  townships  in  which  schools  have  not  been  kept 
according  to  law. 

By  the  amendment,  county  superintendents  may  loan  the 
principal  of  their  respective  county  funds,  at  any  rate  of  in- 
terest, not  less  than  six  per  cent.,  nor  more  than  ten  per  cent. 
per  annum,  payable  half-yearly,  in  advance,  as  heretofore. 
Loans  may  he  made  at  ten  per  cent.,  by  the  county  superin- 
tendent, without  reference  to  or  consultation  with  the  county 
court  or  board  of  supervisors;  the  object  of  the  amendment 
being  simply  to  authorize  loans  at  a  less  rate,  when  ten  per 
cent,  cannot  be  obtained,  so  that  the  funds  may  not  lie  unpro- 
ductive. But  loans  cannot  be  made  at  a  less  rate  than  ten  per 
cent,  without  the  consent  of  the  county  court  or  board  of  su- 


DISCUSSION   OF   AMENDMENTS.  55 

pervisors,  by  whom  such  lower  rate  must  be  determined.  The 
interest  accruing  from  the  loan  of  all  county  funds,  must  be 
apportioned,  annually,  in  the  same  manner  as  the  state  school 
fund  is  apportioned. 

In  order  to  guard,  in  the  most  effectual  manner,  against  pay- 
ing out  funds  to  irresponsible  parties,  and  as  a  check  against 
the  neglect  of  township  treasurers  in  respect  to  the  prompt 
execution  or  renewal  of  their  bonds,  it  is  provided  by  the 
amendment  to  this  section  : 

"That  no  part  of  the  state,  county  or  other  school  fund,  shall 
be  paid  to  any  township  treasurer,  or  other  person  authorized 
by  said  treasurer,  unless  said  township  treasurer  has  filed  his 
bond  as  required  by  the  fifty-fifth  (55th)  section  of  the  act ; 
nor,  in  case  said  treasurer  is  re-appointed  by  the  trustees,  unless 
he  shall  have  renewed  his  bond,  and  filed  the  same,  as  aforesaid." 

County  superintendents  are  here  forbidden,  in  the  most 
positive  terms,  to  recognize  the  claims  of  any  township  to  a 
share  of  the  public  funds,  until  a  good  and  valid  bond  is  on 
file  from  the  treasurer  of  said  township.  To  this  rule  they 
must  conform  with  unswerving  firmness,  in  all  cases.  Before 
making  any  distribution  of  funds,  superintendents  should  care- 
fully examine  the  bonds  on  file,  to  see  who  are,  and  who  are 
not,  entitled  to  participate  in  such  distribution.  If  any  bonds 
are  found  to  be  defective,  or  not  to  have  been  properly  re- 
newed, the  trustees  and  treasurer  of  the  proper  township 
should  be  informed  of  the  fact,  and  warned  of  the  conse- 
quences of  neglecting  to  comply  with  the  law.  And  when  the 
time  to  make  the  apportionment  arrives,  those  townships  only 
can  be  included  in  the  distribution,  whose  treasurers'  bonds 
are  on  file  in  proper  form,  and  unexpired.  If  any  township  is 
excluded  from  the  distribution,  the  township  treasurers  and 
trustees  will  then  be  responsible,  and  not  the  county  superin- 
tendent. This  rule  applies  to  all  the  funds  in  the  bauds  of 
the  superintendent — both  to  that  apportioned  in  proportion  to 
the  number  of  acres,  and  to  that  upon  the  census  of  children. 
The  amount  that  would  have  been  apportioned  to  townships 
excluded  by  default  in  filing  the  necessary  bonds,  must  not  be 
reserved  for  them,  to  be  paid  over  when  they  comply  with  the 
law,  but  must  be  apportioned  to  the  other  townships  —  it  is 
forfeited,  not  simply  postponed. 


56  DI801  [OH    01      AMI.Mi.MI.M-. 

Tiii-  amendment  determines  the  important  principle  that  :i 
township  treasurer's  bond  musl  be  renewed  every  two  y< 
in  case  the  same  treasurer  is  re-appointed  from  time  to  time. 
Failure  to  renew  does  not,  of  course,  invalidate  the  bond,  ox 
release  the  Bounties,  but  it  is  the  duty  of  the  treasurer  to  renew 
bis  bond  at  the  time  of  each  biennial  re-appointment,  and  no 
funds  can  be  paid  him  by  the  county  superintendent  it'  be  fails 
to  do  bo.  The  tenure  of  the  treasurer,  and  that  of  bis  official 
bond,  are  intended  by  law  to  be  coincident,  viz:  two  y<  ars. 

The  provisions  of  law  on  this  subjecl  may  1"'  summed  np 
as  follows : 

1.  Every  township  treasurer,  before  entering  npon  his  du- 
ties,  must  execute  a  bond. 

2.  If  :i  treasurer  Berve  two  years  and  is  re-appointed,  he 
must  execute  a  new  bond. 

3.  \i'  a  treasurer  resign,  or  is  removed,  and  a  new  one  is 
appointed,  lie  must  execute  a  new  bond. 

4.  Every  bond  must  have  at  least  two  responsible  free- 
holders as  securities,  which  securities  shall  not  be  member-  of 
the  board  of  trustees. 

5.  Every  bond  must  be  approved  and  accepted  by  at  least 
two  members  of  the  board  of  trustees. 

6.  The  penalty  of  every  bond  must  be  at  least  twice  the 
amount  of  the  moneys,  notes,  mortgages  and  effects,  in  the 
custody,  or  to  be  in  the  custody,  of  the  township  treasurer. 

7.  Every  township  treasurer's  bond  must  be  in  the  form 
prescribed  by  law.     (See  section  55.) 

A  reference  to  the  above  points  will  enable  any  county  super- 
intendent to  determine  readily  and  surely  the  character  and 
condition  of  every  bond  on  file  in  his  office,  or  that  may  be 
delivered  to  him,  and  to  govern  himself  accordingly. 

§  17.  One  of  the  most  important  duties  of  county  superin- 
tendents is  the  preparation  of  full  and  careful  reports,  showing 
the  progress  and  condition  of  the  public  schools  in  their  re- 
spective counties.  Upon  the  completeness  ami  accuracy  of 
the  county  reports,  depend  the  fullness  and  value  ot'  the  bien- 
nial report  to  the  governor,  and  upon  that  report  the  people  of 
this  and  other  states  rely  for  their  knowledge  of  the  condition 
of  public  education  in  Illinois,  and  the  legislature,  for  the  data 


DISCUSSION   OF   AMENDMENTS.  57 

by  which  to  estimate  the  character  of  the  results  achieved, 
and  the  legislation  necessary  to  the  further  improvement  and 
development  of  the  whole  system. 

I  wish  I  could  impress  upon  school  officers  the  vast  impor- 
tance of  well  digested,  consistent  and  thoroughly  reliable  sta- 
tistical and  general  educational  reports.  It  is  certain  that 
many  consider  the  elaboration  and  tabulation  of  school  reports 
as  little'better  than  useless  drudgery — to  be  performed  be- 
cause required  by  law,  but  as  of  little  practical  value.  And 
hence,  it  cannot  be  denied  that  this  duty  is  more  neglected,  or 
more  carelessly  performed,  than  any  other  connected  with  our 
system.  I  speak  in  general  terms,  for  there  have  always  been 
some,  whose  reports  have  reflected  honor  upon  themselves  and 
the  state. 

The  first  requisite  of  a  statistical  report  is  truth.  Let  the 
facts  appear  just  as  they  are,  whether  they  show  progress  or 
retrogression.  It  is  folly  to  exaggerate  facts  in  order  to  save 
the  pride  of  a  community,- or  to  make  actual  decline  appear  as 
advancement.  It  is  more  than  folly,  because  it  does  injustice 
to  those  whose  bona  fide  progress  is  made  to  suffer  by  compari- 
son with  fictitious  progress ;  and  because  it  misleads  and  de- 
ludes the  public  mind.  Consistency,  fullness  of  details,  dis- 
criminating accuracy,  close  observation,  neatness  and  punctu- 
ality, are  also  indispensable  in  good  school  reports.  Such 
reports  require  a  great  deal  of  time,  and  thought  and  patience; 
but  they  are  worth  something  when  you  get  them.  I  have 
spoken  of  the  necessity  of  school  reports.  They  are  abso- 
lutely essential  —  they  are  the  way-marks  of  progress.  No 
system  of  schools,  or  of  anything  else,  can  dispense  with  such 
periodical  exhibits  of  its  operations. 

For  the  reason,  therefore,  that  complete  and  trustworthy 
school  reports  are  a  necessity,  this  section,  as  amended,  is 
highly  penal  in  its  provisions  relative  to  default  in  returning 
such  reports  ;  the  consequence  being  the  forfeiture  of  the  state 
fund,  for  the  year  next  succeeding  that  in  which  no  report  was 
made,  and  the  liability  of  the  delinquent  county  superintend- 
ent to  removal  from  office,  for  such  neglect  of  dut}^.  These 
provisions  are  not  too  severe.  There  is  no  excuse  for  the  non- 
rendition  of  the  required  reports,  except  in  case  of  providen- 
tial or  other  unavoidable  necessity,  in  which  case  the  state 


58  l'i  0]     AMENDMENTS. 

superintendent  is  authorized  to  remil  the  forfeiture.  He  will 
promptly  exercise  the  discretion  rested  in  him  in  such  ci 
whenever  satisfactory  reasoni  are  ihown  for  the  failure,  bat 
not  otherwise.  Blanks  <>i  every  description,  and  full  instruc- 
tions as  to  the  manner  of  filing  them,  will,  in  all  cas<  i,  be  for- 
uished  to  county  superintendents,  as  heretofore,  and  all  possi- 
ble  aid  and  assistance  will  be  cheerfully  rendered  whei 
requested  ;  so  that  if  any  county  should,  unfortunately,  incur 
the  penalty  earned  in  this  section,  il  shall  have  do  right  to 
complain.    Jt  is  not  anticipated  that  such  a  con:;  will 

occur. 

For  the  pasl  six  years,  county  superintendents  have  been  re- 
quired to  report  annually.  That  rule  will  be  continued.  It  is 
better  in  all  respects  than  to  report  only  once  in  two  y< 
The  facts  and  statistics  of  each  year  should  be  coll* 
tabulated  while  the  memory  is  fresh  and  the  materials  abun- 
dant and  available.  If  deferred  for  two  years,  the  report  for 
the  first  year  is  sure  to  be  comparatively  meagre  and  imper- 
fect, and  the  materials  of  both  reports  to  be  more  or  less  con- 
fused. County  reports  will  therefore  continue  to  be  due  on  or 
before  the  second  Monday  of  November  annually. 

§  20.  It  was  the  object  in  amending  this  section,  to  correct 
the  erroneous  ideas,  so  prevalent  in  portions  of  the  state,  in 
regard  to  the  nature  of  the  office  of  county  superintendent, 
and  the  character  of  the  duties  belonging  thereto  ;  and,  hence, 
the  amendments  consist  mainly  in  declaring  and  defining  the 
educational  duties  of  the  position.  These  amendments  should 
be  considered  in  connection  with  that  of  the  eleventh  section 
of  the  act,  and  as  explaining  why  the  legislature  abolished  the 
name  of  "school  commissioner"  and  adopted  that  of  "county 
superintendent  of  schools."  It  is  safe  to  say  that  numbers  of 
our  people  have  had  no  proper  conception  of  the  real  duties 
of  school  commissioners.  They  have  been  thought  of  merely 
as  the  financial  and  disbursing  agents  of  the  school  fund, 
whose  duties  consisted  mainly  in  selling  a  bit  of  school  land 
occasionally,  dividing  a  little  school  money,  and  appropriating 
the  percentage  of  commissions  allowed  by  law.  It  is  even  to 
be  feared  that  some  school  commissioners  themselves  have  not 
looked  much  beyond  these  considerations. 


DISCUSSION   OP   AMENDMENTS.  59 

To  dispel  such  utterly  wrong  and  pernicious  impressions, 
the  amendment  to  the  eleventh  section  declares  that  there  shall 
be  elected  a  county  superintendent  of  schools;  and  the  twentieth 
section  as  amended,  declares  what  are  the  great,  paramount,  all 
important  duties  devolving  upon  him  as  such.  These  chief  du- 
ties are  not  to  sell  school  land  and  apportion  school  moneys, 
but  to  visit  schools ;  to  study  their  methods  of  instruction,  discipline 
and  government ;  to  instruct  in  the  science,  art  and  methods  of  teach- 
ing;  to  be  the  adviser  and  assistant  of  school  officers  and  teachers ; 
to  promote  the  formation  of  teachers'  institutes ;  and  to  labor  in  every 
practicable  way  to  elevate  the  standard  of  teaching,  and  to  improve  the 
condition  of  the  common  schools  of  his  county. 

These  are  high  educational  duties  and  responsibilities,  not  mere 
business  and  financial  details ;  and  it  is  for  these  great  ends  that 
the  office  of  county  superintendent  of  schools  has  been  created — 
an  office  not  surpassed  by  any  other  in  the  magnitude,  dignity, 
importance  and  difficulty  of  the  duties  imposed — duties  which 
absolutely  demand  for  their  proper  discharge,  the  ablest,  best,  and 
most  experienced  educational  men  that  can  be  found-1- duties  that 
require  not  only  great  ability  and  special  qualifications,  but  much 
time,  attention  and  thought.  I  rejoice  that  so  many  of  the  pres- 
ent superintendents  are  of  this  character.  I  call  upon  the  people 
of  every  county  in  the  state,  to  see  to  it  that  these  high  interests 
are  entrusted  to  no  other  class  of  men.  Do  not  give  the  highest 
county  school  office  to  men  who  seek  it  only  for  the  sake  of  the 
commissions  accruing  from  the  sale  of  land  and  the  division  of  the 
school  fund,  but  to  those  who  comprehend,  and  are  able  to  perform 
the  infinitely  more  important  duties  pointed  out  in  this  section. 
Let  no  private,  personal,  or  political  considerations  prompt  you  to 
place  any  but  the  very  best  available  man  in  this  responsible 
position. 

As  has  already  been  said,  the  financial  duties  of  a  county  super- 
intendent, though  highly  important  in  their  sphere,  are  utterly 
insignificant  when  compared  with  his  educational  duties.  Any 
man  of  ordinary  honesty,  and  of  even  less  than  ordinary  business 
capacity,  can  sell  a  piece  of  land,  or  apportion  a  few  hundred 
dollars.  But  no  mere  business  man,  be  his  talents  ordinary  or  ex- 
traordinary, can  successfully  meet  the  educational  requirements  of 
this  and  other  sections  of  the  school  law.  It  is  these  duties  which 
impart  all  real  value  and  significance  to  the  office  of  county  super- 


CO  DI8<   I    ~-l'>N     "I       \M1.M'MI.\  I  9. 

intendent.  Apart  from  these  duties,  the  office  might  be  abolished 
without  material  detriment  to  the  essentia]  interests  of  common 

,,  ,|-. 

Fr mm  other  cause   have  the  interest!  of  common  schools 

Buffered  bo  much  as  from  the  lack  of  close,  competent,  energetic 
and  faithful  supervision.  In  both  of  my  report!  to  the  legislature, 
I  earnestly  invoked  its  aid  to  provide  a  remedy  for  this  great  eviL 
In  1 1 1  ;_r  i  1 1  i_r  this  point  1 1 » *  -  following  language  was  used  :  "The  great 
want  of  our  free  school  system  u  supervision.  The  Deed  of  this 
is  felt  in  all  its  departments  and  agencies,  from  the  highest  to  the 
lowest.  The  impossibility  of  obtaining  full  and  reliable  data  for  the 
statistical  reports,  though  a  serious  evil,  is  the  least  of  those  which 
flow  from  the  absence  of  systematic  and  responsible  supervision. 
The  schools  themselves,  and  the  essential  interests  of  education, 
ar<'  the  greatest  BufFerers.  The  lack  of  efficient  subordinate  super- 
vision is  fatal  to  every  effort  of  the  state  superintendent  to  give 
unity  and  strength  to  the  system,  and  equally  so  to  the  plan-  of 
commissioners  for  the  improvement  of  the  schools  of  their  respect- 
ive counties.  It  is  vain  to  make  recommendations  or  issue  letters 
of  instruction,  if  there  are  none  to  see  that  they  arc  carried  out. 
Hence  the  want  of  unity  and  co-operation  among  the  various  offi- 
cial agencies  of  the  system.  Irregularities  arc  unnoticed  or  winked 
at;  errors  in  government  and  classification — vicious  arrangements 
of  studies  and  methods  of  teaching  are  Buffered  to  exist,  all  of 
which  would  instantly  be  detected  by  the  vigilant  eye  of  an  expe- 
rienced visitor,  and  the  proper  remedy  he  applied. 

"Hence  there  should  be  a  competent,  earnest  and  faithful 
county  superintendent  in  every  county  of  the  state,  who  .-hould 
be  required  to  devote  his  whole  time  to  the  watchful  care  and 
supervision  of  the  common  schools  of  his  county;  and  for  these 
services  he  should  receive  a  suitable  compensation.  Under  the 
influence  of  such  an  officer  in  every  county  of  the  state  there 
would,  in  a  single  year,  be  Buch  a  change  for  the  better  in  the  con- 
dition of  the  public  schools,  as  would  surprise  the  most  sanguine 
and  convince  the  most  skeptical.  Activity  would  succeed  stag- 
nation, order  arise  from  confusion,  uniformity  from  diversity, 
strength  and  success  from  weakness  and  failure. 

"The  county  superintendents  would  be  the  prompt, efficient  and 
reliable  agents  through  whom  the  state  superintendent  could  at  all 
times  communicate  with  the  schools  of  the  state  and  carry  out  his 


DISCUSSION   OF   AMENDMENTS.  61 

plans  for  their  improvement ;  they  would  be  the  ready  and  con- 
stant advisers  of  teachers,  directors  and  township  officers ;  coun- 
seling them  in  their  duties,  relieving  them  in  their  perplexities, 
assisting  them  in  their  records  and  in  all  the  business  details  per- 
taining to  the  schools.  They  would  be  active  and  efficient  helpers 
in  preparing  for,  organizing  and  conducting  teachers'  institutes, 
and  in  bringing  the  people  to  see  the  necessity  of  thorough 
teachers  and  sound  principles  and  methods  of  instruction.  And 
when  the  time  for  the  annual  reports  arrives,  the  central  office  would 
have  prompt,  complete  and  harmonious  materials  from  which  to 
prepare  the  state  report,  and  thus  the  legislature  and  the  people 
would  be  furnished  with  minute  and  authentic  data  as  to  the 
progress  of  the  whole  system. 

"  For  this  work  the  very  best  and  most  experienced  educational 
men  should  be  chosen — practical  teachers,  if  possible.  There  is 
not  a  county  in  the  state  where  the  ablest  and  strongest  of 
such  men  would  not  find  scope  for  all  his  time  and  all  his 
powers,  and  still  leave  much  labor  undone  that  ought  to  be  per- 
formed. The  idea  that  this  work  can  be  properly  done  by  any 
man  in  connection  with  or  in  addition  to  any  other  regular  pro- 
fession or  employment,  is  absurd  ;  the  mere  business  and  financial 
matters  connected  with  the  schools  may  be  attended  to  by  a  per- 
son engaged  in  other  pursuits,  but  to  speak  of  this  as  school  super- 
vision would  be  a  strange  perversion  of  language.  The  fact  that 
little  more  than  this  is  done  or  attempted  by  some  of  the  school 
commissioners  of  the  state,  is  not  their  fault,  but  that  of  the  sys- 
tem. There  are  not  five  counties  in  the  state  in  which  the  com- 
pensation now  allowed  school  commissioners  by  law,  is  alone  ade- 
quate for  their  support ;  no  man  therefore,  can  take  the  office  of 
school  commissioner  unless  he  has  some  other  means  of  income. 

"  The  supervision  here  recommended  will  cost  something,  but  it 
will  amount  to  something.  It  will  be  an  infinite  gain  to  the  schools 
and  in  the  end  be  in  every  sense  the  cheapest.  This  is  the  testi- 
mony of  every  state  where  it  has  been  tried,  and  is  indeed  self- 
evident  ;  for  all  know  that  honest  and  vigilant  supervision  is  the 
life  and  strength  of  every  enterprise  requiring  numerous  and  di- 
versified agencies." 

I  congratulate  the  friends  of  free  schools  that  the  agency  so 
long  needed  has  at  length,  in  part  at  least,  been  provided.  The 
legislature  has  given  us  county  superintendents  of  schools,  and  has 


i;-j  m  .,  i   J8I0S    "i      \\ir.\  i-MiA  i  9. 

tlm  recognized,  ai  nev<  r  before,  the  true  nature  of  the  office.  It 
j.  for  ii-  to  see  thai  the  jo  i  expectations  of  the  friends  of  tlii-  im- 
portant change  are  not  disappointed. 

It  i-  obligatory  upon  county  Buperintendenti  to  \i-it  every  ichool 
in  their  respective  counties, at  1  < - : l ~ i  once  in  each  year.  Less  than 
tlii—  ought  not  to  '"•  required;  much  more  Lb  expected.  Evert 
school  bass  right  to  the  benefit  of  such  official  visitation.  The 
value  of  an  encouraging  word  to  a  faithful  teacher,  or  an  approv- 
ing remark  to  deserving  pupils  or  of  a  kindly  hint  or  suggestion, 
ii  very  great.  A  devoted  and  competent  superintendent  will 
always  be  able  to  draw  from  the  storehouse  of  bii  experience  and 
observation,  an  apt  suggestion  or  a  timely  hint,  some  word  of 
counsel  or  advice,  which  will  cause  his  visit  to  he  pleasantly  re- 
membered  and  its  repetition  to  be  desired. 

The  visitations  of  the  superintendent  should  be  conducted  with 
a  definite  plan  and  aim,  and  the  results  carefully  noted  and  pre- 
served. He  should  always  aim  at  some  positive  practical  good, 
both  to  himself  and  to  the  school;  hence,  he  must  know  how  and 
what  to  observe,  and  how  and  what  to  speak.  There  is  no  won- 
der-working magic  in  the  mere  official  visit  of  a  county  superin- 
tendent—  he  must  know  what  he  is  about,  and  be  master  of  the 
situation,  or  the  comments  that  will  follow  his  departure  may  be 
the  reverse  of  complimentary.  If  a  superintendent  does  not  un- 
derstand the  science,  art  and  methods  of  teaching,  it  is  needless  to 
say  that  he  cannot  instruct  others  in  them  ;  nor  will  it  be  long  be- 
fore both  the  teacher  and  pupils  of  the  school  visited,  will  find  it 
out.  But  the  visits  of  a  superintendent  of  large  experience,  am- 
ple endowments,  and  an  earnest,  intelligent  purpose,  cannot  fail 
to  be  always  most  welcome  and  most  useful. 

In  order  to  form  a  just  opinion  of  the  real  condition  of  the 
school  visited,  the  ordinary  routine  of  the  exercises  should  not  be 
disturbed  or  suspended,  and  the  visit  should  not  be  less  than  two 
or  three  hours,  if  practicable.  The  practice  of  arresting  the 
usual  proceedings  in  order  to  enable  the  visitor  to  witness  the  per- 
formance of  a  few  favorite  scholars  or  classes,  is  all  wrong — it 
defeats  the  whole  object  in  view,  which  is  to  ascertain  how  the 
daily  u'ork  of  the  school  is  done,  not  to  be  amused  or  astonished 
by  the  achievements  of  a  trained  few.  The  superintendent  calls 
to  inspect  the  school,  not  to  attend  an  exhibition.  Still  worse  is 
the  habit  of  suspending  all  business  when  the  inspector  enters, 


DISCUSSION   OF   AMENDMENTS.  63 

until  he  "makes  some  remarks,"  and  not  resuming  until  he  re- 
tires— leaving  both  parties  precisely  as  wise  as  they  were  before. 
The  intention  of  the  law  is  plain ;  the  superintendence  contem- 
plated will  require  careful  study  and  preparation.  Mere  visita- 
tion is  not  what  is  wanted ;  that  alone  is  as  useless  as  for  a  physi- 
cian to  merely  look  upon  a  patient,  and  then  retire.  The  disease 
must  be  understood,  and  then  the  remedy  applied.  So  in  the  edu- 
cational work ;  its  principles  must  be  understood,  its  wants  known, 
and  then  the  proper  means  employed  to  correct  existing  defects. 

This  section  is  also  amended  as  to  the  manner  of  appeals  to  the 
state  superintendent.  When  controversies  arise,  the  parties  are 
first  to  seek  the  opinion  and  advice  of  the  county  superintendent. 
If  his  decision  is  satisfactory,  that  ends  it.  If  not,  then  the  county 
superintendent  forwards  a  written  statement  of  the  facts  in  the 
case,  to  the  state  superintendent.  This  mode  of  conducting  ap- 
peals is  more  simple  than  that  under  the  old  law,  besides  avoiding 
the  contingency  of  cases  where  an  agreed  statement  cannot  be  ob- 
tained, as  not  unfrequently  happened  under  the  former  plan.  The 
county  superintendent,  having  already  examined  the  case  and 
afforded  the  parties  a  full  hearing,  is  familiar  with  all  the  essential 
points  in  issue,  and  can  readily  embody  them  in  his  statement  to 
the  state  superintendent. 

But  it  is  the  intention  of  the  law,  as  amended,  that  all  matters 
of  doubt,  or  in  respect  to  which  information  or  advice  is  needed, 
should  be  referred,  primarily,  to  the  county  superintendent.  He 
"  shall  be  the  official  adviser  and  constant  assistant  of  the  school 
officers  and  teachers  of  his  county."  He  stands  at  the  head  of 
the  common  school  system  of  his  county,  and  is  the  proper  officer 
to  apply  to  on  all  subjects  relating  to  the  interests  of  the  schools, 
and  to  the  rights  and  duties  of  school  officers  and  teachers  in  his 
county.  It  is  his  duty  to  be  thoroughly  acquainted  with  the  law, 
with  its  official  and  judicial  interpretations,  and  with  the  whole 
frame-work  of  our  educational  system,  and  thus  to  be  qualified  as 
the  official  and  intelligent  adviser  of  all  in  his  county  who  may 
need  his  assistance. 

This  was  undoubtedly  contemplated  in  the  original  adjustment 
of  the  several  classes  of  school  officers ;  it  is  the  shortest  and  most 
natural  course  for  the  parties  concerned ;  it  relieves  the  central 
office  of  an  unnecessary  burden,  and  smooths  and  simplifies  the 
operations  of  the  whole  system.     If  the  county  superintendent 


r,  |  i>i-<  i  88IOW    "i     \mi.m>\ii:\ts. 

should  be  unable  the  information,  <>r  to  answer  the  ques- 

tionfl  submitted  to  him,  il  is  bii  right  and  duty  to  apply  to  the 
state  superintendent  for  the  necessary  advice  of  instructions,  m  hieh 
the  [attet  ii  bound  to  furnish— promptly  and  fully.  But  the  county 
superintendent  srai  intended  t<>  !><•,  and  is,  the  propdr  ad\  isory  and 

ci.n-ultinj  officer  on  all  common  school  matters  in  hifl  county,  an<l 

as  -n.  Ii  he  should  be  fir-st  applied  to.  Jn  the  great  majority  of 
lie  can  furnish  t lie  desired  information  or  counsel,  and  thus 
gave  much  time  and  delay  to  the  parties  concerned. 

Should  matters  of  a  controversial  nature  he  submitted  to  the 
state  superintendent,  he  will  deem  it  his  duty  to  decline  to  con- 
sider or  pass  upon  them  until  they  shall  have  been, referred  to  the 
count  v  superintendent,  as  required  by  law.  All  such  matter-  v.  ill 
receive  prompt  attention  when  they  are  received  through  the  reg- 
ular and  prescribed  channel,  namely,  through  the  county  superin- 
tendent, and  not  otherwise.  This  is  not  to  cause  the  parties  need- 
le-- trouble,  nor  to  save  the  state  superintendent  from  labor,  but 
to  subserve  the  ends  of  truth  and  equity,  and  to  comply  with  the 
law.  The  one  great  end  sought  by  the  prior  reference  to  the 
county  superintendent,  is  to  furnish  the  state  superintendent  the 
means  of  rendering  a  just  and  impartial  decision,  should  the  case 
come  before  him  by  appeal. 

The  department  will,  in  all  cases,  decline  to  furnish  an  opinion 
or  decision  in  a  case  where  legal  proceedings  have  been  already 
instituted,  or  are  pending ;  nor  will  such  opinion  be  knowingly 
given  to  be  used  in  a  court  of  justice  where  the  question  or  ques- 
tions are  being  tried ;  nor  where  the  object  is  to  use  such  decision 
in  legal  proceedings  proposed  to  be  instituted.  Official  opinions 
will  be  declined  in  such  cases  for  two  reasons :  first,  because  the 
object  of  clothing  the  state  superintendent  with  authority  to  deter- 
mine school  controversies  is  to  prevent  litigation,  not  to  furnish 
parties  or  their  counsel  with  the  means  of  gaining  a  suit  after  legal 
proceedings  have  commenced ;  and,  second,  because  by  the  terms 
of  the  8th  section  of  the  act,  the  state  superintendent  has  nothing 
to  do  with  cases  which  have  been  taken  into  the  courts — his  juris- 
diction ceases  the  moment  that  of  the  courts  begins.  He  neither 
has  nor  claims,  nor  wishes  to  have  or  to  claim,  any  judicial  authority. 

§  23.  The  amendment  to  this  section  provides  for  the  election 
of  one  township  trustee  annually,  and  extends  the  term  of  office 


DISCUSSION   OF   AMENDMENTS.  65 

to  three  years ;  being  the  application  of  the  same  principle  to  the 
election  and  tenure  of  trustees,  as  obtains  in  respect  to  the  election 
and  tenure  of  school  directors.  No  amendment  has  worked  better 
than  that  which  extended  the  term  of  office  of  directors  from  one 
to  three  years,  and  which  obviated  the  great  evil  of  an  entire 
change  of  men  and  measures  every  year,  by  providing  for  the  re- 
tirement of  one  director  annually,  leaving  a  majority  of  the  board 
still  in  office.  There  is  no  reason  to  doubt  that  equally  great  ad- 
vantages will  follow  the  incorporation  into  the  law  of  the  same 
rule  in  respect  to  township  trustees.  It  will  give  stability  and 
uniformity  to  the  policy  of  the  board,  and  avert  the  evils  incident 
to  an  entire  change  of  members  every  two  years. 

The  new  rule  took  effect  at  the  last  regular  election  of  trustees, 
when  three  trustees  were  chosen.  Within  ten  days  after  an  elec- 
tion the  trustees  elect  must  meet  and  draw  lots  for  their  respective 
terms  of  office.  The  manner  of  drawing  lots  is  probably  familiar 
to  all.  Three  cards  or  slips  of  paper,  of  uniform  size  and  shape, 
are  prepared,  on  one  of  which  are  written  the  words,  '■'•one  year;'''' 
on  another,  "  two  years  ;"  and  on  the  third,  '•'•three  years."  The 
slips  of  paper  are  then  folded  separately,  and  placed  in  a  box, 
or  other  receptacle,  when  each  trustee  elect  proceeds  to  draw  forth 
one  of  the  cards  or  slips,  and  hands  it  to  the  clerk  of  the  board, 
who  reads  aloud  the  words  written  thereon.  The  trustee  who 
draws  the  card  marked  "  one  year  "  holds  his  office  for  one  year ; 
the  trustee  who  draws  the  card  marked  "  two  years  "  holds  his 
office  for  two  years  ;  and  the  trustee  who  draws  the  card  marked 
"  three  years  "  holds  his  office  for  three  years. 

There  are  many  other  modes  of  drawing  lots,  which  need  not 
be  described :  the  method  suggested  is  one  of  the  most  common 
and  simple.  Any  mode  may  be  adopted  which  will  carry  out  the 
intention  of  the  law,  which  is  to  determine  the  respective  terms  of 
office  strictly  by  lot,  or  chance,  without  design  or  partiality.  As 
soon  as  the  term  of  each  trustee  is  decided,  the  clerk  of  the  board 
must  see  that  the  same  is  duly  recorded  in  the  book  of  proceed- 
ings, as  evidence  of  the  fact. 

The  amendment  provides  that  if  but  two  of  the  trustees  elect 
shall  be  present  at  the  meeting  for  the  drawing  of  lots,  said  two 
trustees  shall  proceed  to  draw  lots,  the  same  as  if  all  were  present, 
and  the  lot  not  drawn  shall  determine  and  fix  the  term  of  office  of 
the  remaining  trustee.  The  object  of  this  is  to  avoid  delay,  and  to 
5 


CG  DISCUSSION    OF    AMENDMENTS. 

prevent  any  one  member  elect  from  hindering  the  organization  of 
the  board,  and  defeating  1 1 1  *  *  intention  of  tin:  law,  by  neglecting  or 
refusing  to  attend  the  ma  ting,  it  is  plain  that  the  rule  prescribed 
by  the  amendment  u  just  and  right,  for  the  (Atm  cards  or  slipe 
must  be  put  in  the  box,  the  same  as  if  all  the  members  wrere  pres- 
ent, : 1 1 1 « 1  nftcr  two  of  s:iid  "lip"  have  been  drawn  tli*  remaining  one 
must  necessarily  decide  tin-  tenure  of  the  third  trustee.  XVlnn 
but  two  of  the  trustees  are  present  at  tin:  drawing,  a-  aforesaid,  it 
will  lie  the  duty  of  the  clerk  to  record  the  term  of  office  of  the 
absent  member,  after  it  Bhall  have  been  determined  as  aforesaid,  as 
well  as  the  term  of  the  two  who  arc  present;  ami  mill  record 
shall  I"-  final  ami  conclusive. 

The  respective  terms  of  office  of  the  trustees  having  been  de- 
termined, one  trustee  will  thereafter  be  elected  annually — the  trus- 
tees  retiring  in  one,  two  and  three  years,  respectively,  according  to 
the  lot  drawn  by  each  one.  The  notice  of  each  subsequent  annual 
election-of  one  trustee,  must  be  in  the  form  prescribed  by  law,  and 
should  also  designate,  by  name,  the  trustee  whose  term  expires, 
and  whose  place  is  to  be  filled  by  said  election,  and  the  length  of 
time  for  which  the  new  trustee  is  to  be  elected.  In  case  of  va- 
cancy, by  removal,  resignation  or  death,  the  trustee  elected  to  fill 
such  vacancy,  can  only  hold  his  office  for  the  unexpired  term  of 
the  member  whom  he  succeeds. 

§  25.  The  election  of  trustees  having  been  changed  from  three, 
biennially,  to  one,  annually,  this  section  is  amended  by  substitut- 
ing the  latter  word  for  the  former,  so  that  it  shall  conform  to  the 
facts  in  the  case.  This  section  is  further  amended  by  the  very  im- 
portant proviso,  that  if  the  township  trustees,  or  their  treasurer, 
shall  fail  or  refuse  to  order  the  regular  election  of  trustees,  or  an 
election  to  fill  vacancies,  the  duty  of  ordering  such  regular  or  spe- 
cial election  shall  devolve  upon  the  county  superintendent.  The 
object  of  this  provision  is  to  put  an  end  to  the  practice  of  Buffering 
elections  of  trustees  to  go  by  default,  thus  perpetuating  the  same 
board  from  year  to  year,  and  in  some  cases  almost  from  age  to  age, 
to  the  great  detriment  of  the  interests  of  the  schools  and  school 
funds.  Heretofore,  such  self-perpetuation  has  been  both  easy  and 
frequent ;  it  was  only  necessary  for  the  trustees,  or  treasurer,  to 
let  the  time  of  election  go  by,  without  giving  the  required  notice, 
and  as  no  other  officer  was  authorized  to  order  the  election,  none 


DISCUSSION   OF   AMENDMENTS.  67 

would  be  held,  and  the  old  board  would  continue  in  office  another 
term,  when  the  same  thing  would  occur  again,  and  so  on  for  a 
series  of  years.  The  amendment  furnishes  the  needed  corrective 
of  this  chronic  evil  and  abuse.  When  the  time  for  the  stated  elec- 
tion of  trustees  arrives,  and  the  board  fail  or  refuse  to  give  the  re- 
quired notices,  (through  the  township  treasurer,)  the  fact  should  be 
made  known  to  the  county  superintendent  whose  duty  it  will  then 
be  to  order  the  election.  And  if  a  vacancy  occurs  in  the  board,  and 
the  remaining  trustees  shall  fail  or  refuse  to  order  an  election  to  fill 
such  vacancy,  it  likewise  becomes  the  duty  of  the  county  superin- 
tendent, upon  being  apprised  of  the  fact,  to  order  the  election. 

County  superintendents  are  urged  to  a  prompt  performance  of 
the  duties  enjoined  upon  them  by  this  amendment.  They  are  to 
see  that  any  neglect  on  the  part  of  township  officers  in  respect  to 
school  elections,  is  remedied  without  delay.  They  are  to  cause  it 
to  be  understood  that  there  must  be  an  election  of  trustees  at  the 
stated  time,  annually,  and  not  once  in  five,  ten  or  twenty  years, 
and  that  if  this  matter  is  not  attended  to  by  the  trustees,  it  will  be 
attended  to  by  the  county  superintendent.  The  law  in  relation  to 
the  election  and  tenure  of  trustees  is  as  plain  and  as  binding  as 
any  other  part  of  the  act,  and  must  be  observed  accordingly.  It 
it  had  been  the  intention  to  allow  trustees  to  order  elections  when 
they  pleased,  or  not  to  order  them  at  all  unless  they  pleased,  or 
to  continue  themselves  in  office  as  long  as  they  pleased,  the  legis- 
lature would  have  so  enacted.  But  as  no  such  discretion  is  given 
in  the  law,  none  can  be  allowed  in  practice.  When,  through  de- 
fault of  township  officers,  elections  are  ordered  by  county  superin- 
tendents, the  latter  will  be  careful  to  see  that  the  notices  are  in  due 
form  of  law  ;  and  it  is  of  great  moment  that  the  poll  book,  and 
certificate  of  the  judges,  should  be  in  proper  form,  and  delivered  to 
the  county  superintendent  without  delay.  Neglect  of  this  has 
caused  a  vast  amount  of  difficulty.  As  the  poll  book,  with  the 
certificate,  constitutes  the  legal  evidence  of  election,  the  county 
superintendent  must  see,  in  all  cases,  that  they  are  carefully  filed 
and  preserved. 

§  32.  The  principal  amendment  to  this  section  is  in  respect  to 
tenure  of  office  of  the  president  of  the  board.  Under  the  old 
law  the  president  held  his  office  during  the  period  for  which  the 
board  was  elected,  viz :  two  years ;  but  this  is  obviously  imprac- 


|>|     -  m|       \MI.\  hMI.N  IS. 

tioable  under  the  Dew  provisions  relative  to  the  el  etion  and  ten- 
ore  of  trustees,  because  the  member  appointed  president  may  I"-, 
;nhl  i  always  liable  to  be,  tin-  one  who  bolds  the  shortest,  or  one- 
year  term,  and  consequently  cannot  serve  for  taro  years,  even  if 
appointed  for  thai  period.  It  is  obvious  that  no  detriment  to  the 
interests  of  the  board  can  grow  oul  of  tin-  reduction  of  the  term 
of  the  president  to  one  year,  since,  if  he  prove  an  efficient  and 
acceptable  officer,  he  may  be  re-appointed  from  y.ear  to  year, 
and  when  his  term  of  service  as  trustee  expires  be  may  b 
elected  and  again  appointed  president,  if  desired.  On  the  other 
hand,  it'  the  member  appointed  president  Bhould  prove  incompe- 
tent or  inefficient,  a  change  may  be  made  a  year  sot r  than  was 

formerly  practicable  without  an  act  of  removal. 

It  will  be  observed  that  stated  meetings  must  be  held  on  the 
first  Mondays  of  April  and  October,  and  that  special   meetings 
may  be  convened  as  often  as  the  educational  interests  of  the  town- 
ships may  require.     Of  all  meetings  of  the  board,  whether  stated 
or  special,  every  member  of  the  board  should  have  due  and  timely 
notice,  but  any  official  business  of  the  board  may  be  legally  trans- 
acted by  any  two  members  thereof.     Every  newly  elected  board 
of  trustees  should  organize,  by  the  appointment  of  a  president  and 
clerk,  without  unnecessary  delay,  as  business  requiring  the  official 
signatures  of  those  officers  may,  at  any  time,  arise.    The  president 
and  clerk   should  be  appointed  with    the   greatest   care,  and  with 
sole   reference   to  their  fitness  for  the   duties   of  their   respective 
positions.     The  president    should    be  a  man    of  good    judgment, 
punctual   habits,  and   well   acquainted   with   the   inhabitants   and 
business 'affairs  of  the  township.     In  appointing  their  treasurer, 
the  board  should  reflect  that  to  his  financial  ability  and   integrity 
all  the   pecuniary  interests   of  the  corporation  are  intrusted,  and 
that  no  motive  can  therefore  justify  them  in  knowingly  appointing 
to   that   important    position    a   man    destitute    of   those   essential 
qualities.     Many  of  the  losses  incurred,  and  difficulties  encount- 
ered, in  the   management  of  the   business   and  financial   affairs  of 
townships,  are  directly  traceable  to  the  lack  of  proper  caution  in 
the  selection  of  township  treasurer.     In  addition  to  his  business 
qualifications  and  thorough  trustworthiness  of  character,  he  should 
also,  if  possible,  be  a  good  penman,  and  familiar  with  the  keeping 
of  records  and  other  official    proceedings.     The  absence  of  these 
latter  qualities  is  always  to  be  regretted,  and  especially  in  a  posi- 


DISCUSSION   OF   AMENDMENTS.  69 

tion  like  this,  where  so  much  depends  upon  accuracy  and  system. 
The  records  of  the  board  are  moreover  a  public  record,  to  be  always 
ready  for  public  inspection ;  and  considerations  of  taste  and  laudable 
pride  should  prompt  the  trustees  to  see  that  their  official  records  and 
papers  are  in  competent  hands.  It  must  be  borne  in  mind  that  the 
person  appointed  treasurer  cannot  be  either  a  member  of  the  board 
of  trustees  or  a  school  director ;  should  this  rule  of  the  law  be  vio- 
lated, such  appointment  would  be  void,  (although  the  official  records 
would  not  thereby  be  invalidated,)  and  another  appointment  must 
be  made  in  conformity  with  the  provisions  of  the  act.  In  the  ab- 
sence of  the  president  or  clerk,  the  persons  filling  those  positions, 
for  the  time  being,  should  be  careful  to  sign  all  official  papers  and 
proceedings,  as  president  or  clerk  "^ro  tempore." 

For  any  malfeasance  or  misfeasance  in  office,  the  president  or 
clerk  should  be  promptly  removed  by  the  board,  as  authorized  by 
law.  It  is  the  especial  duty  of  the  clerk  to  be  regular  and  punc- 
tual in  his  attendance  at  every  meeting  of  the  board,  and  he 
should  be  chosen  with  reference  to  his  ability  to  comply  with  the 
law  in  this  respect.  I  would  most  earnestly  call  the  attention  of 
boards  of  township  trustees  to  the  necessity  of  providing  good 
and  well  bound  books,  in  which  to  record  their  official  proceed- 
ings. Such  books  are  to  be  paid  for  out  of  the  school  funds  of 
the  township,  and  failure  to  procure  such  as  are  suitable  is  there- 
fore entirely  inexcusable. 

§  33.  The  first  point  to  be  noticed  in  this  section,  as  amended, 
is  the  removal  of  the  restriction  imposed  by  former  legislation, 
relative  to  the  minimum  number  of  school  districts,  and  the  maxi- 
mum extent  of  the  territory  of  each  of  such  districts,  within  a  given 
township.  By  an  act  passed  February  22,  1861,  and  which  was 
in  force  until  the  passage  of  this  amendatory  act,  February  16, 
1865,  it  was  provided  that  there  should  be  at  least  two  school 
districts  in  every  organized  township,  otherwise  the  taxes  levied 
therein  for  school  purposes  were  illegal  and  void.  It  was  further 
provided  in  said  act  that  no  land,  real  estate  or  personal  property 
could  be  legally  taxed  to  build  or  repair  a  school-house,  or  to  sup- 
port a  free  school,  unless  such  realty  or  personalty  lay  within 
three  miles  of  the  proposed  site  of  the  house  to  be  built,  or  within 
the  same  distance  of  the  house  to  be  repaired,  or  of  the  house  or 
place  where  the  school  to  be  supported  was  actually  kept. 


Under  the  operation  of  that  act  do  t<>\v;i-lii|i  could  be  organized 
into  a  single  di  tricl  for  school  purposes,  or,  which  wm  practically 
ime  thing,  no  school  taxes  could  be  legally  levied  or  collected 
in  a  township  so  organized  ;  and  in  like  manner  :ill  townships 
which  had  previously  been  so  organized,  were  obliged  to  re-organize 
in  conformity  with  thai  act,  in  order  to  retain  the  necessary  author- 
ity t'>  levy  and  collect  school  taxi  A  trnsteei  areexp 
authorized  by  this  section,  as  amended,  to  lay  oil  their  resp  ctive 
townships  "into  one  or  more  districts;"  and  as  th<-  last  secti 
the  amendatory  act  under  consideration  repeals  "all  act*  and  parts 
of  acta  coming  in  conflict  with  the  provisions  of  this  act,"  it  fol- 
lows that  the  prohibitory  act  of  February  22,  L861,  is  repealed 
ami  void,  being  in  direct  conflict  with  the  provisions  of  this  sec- 
tion, as  amended. 

The  way  is  therefore  open  for  the  formation  in  each  town-hip 
of  school  districts  of  such  territorial  extent  as  may  be  deemed 
mosl  convenient  and  beneficial,  without  reference  to  the  nnml 
miles  that  the  boundaries  of  said  districts  may  be  from  the  school- 
house  or  school.  The  town-hip  trustees  have  discretion  as  to  the 
number  of  districts  that  they  will  form  ;  it  may  be  ''otic  or  m 
If  it  is  the  desire  of  a  majority  of  the  inhabitant-,  ami  in  accordance 
with  their  own  judgment,  to  have  but  one  school  district  in  the  town- 
ship, they  may  lawfully  organize  and  constitute  the  entire  town-hip 
into  a  single  school  district.  The  principle  applies  both  to  the  origi- 
nal organization  of  the  districts  of  a  township,  and  to  subsequent 
changes  in  said  districts  ;  that  is,  the  trustees  may  establish  but  one 
district  when  they  first  establish  any;  or  they  may  consolidate  into 
one  district  all  the  districts  previously  established  in  the  township — 
they  have  the  same  discretion  in  both  cases. 

In  the  practical  exercise  of  the  very  important  authority  con- 
ferred by  this  amendment,  trustees  should  be  cautious  and  pru- 
dent, carefully  considering  the  wishes  and  convenience  of  the 
people  concerned,  and  acting  with  sole  reference  to  the  best  intcr- 
ests  of  the  schools  of  the  township  regarded  as  a  whole.  While 
they  should  not  hastily  disturb  existing  district  organizations,  or 
for  trivial  causes,  they  should  not  hesitate  to  do  so  where  it  is 
clear  that  a  better  class  of  schools  can  be  established,  and  the 
general  educational  interests  of  the  township  be  better  promoted 
by  such  a  course.  It  is  probably  true  that  in  the  majority  of 
townships  it  is  best  that  there  should  be,  under  our  present  school 


DISCUSSION   OF   AMENDMENTS.  71 

system,  several  school  districts,  but  it  is  equally  true  that  many 
instances  exist  in  which  the  consolidation  of  all  the  districts  of  a 
township  would  be  highly  beneficial. 

Some  of  the  very  best  school  districts  in  the  state  have  hereto- 
fore been  so  organized.  One  of  the  chief  excellencies  of  such 
consolidation  is,  that  it  at  once  makes  practicable  a  system  of 
grading,  which  is  a  fundamental  condition  of  the  best  class  of 
schools.  It  permits  the  establishment  of  a  high  school  at  or  near 
the  center,  and  of  intermediate  and  primary  schools  at  convenient 
points  throughout  the  township,  thus  forming  a  complete  and 
efficient  system  of  schools  for  the  township.  Nor  is  it  true,  as  is 
supposed  by  some,  that  the  burdens  of  taxation  will  fall  unequally 
in  the  case  of  such  large  districts  ;  it  is  in  fact  simply  the  adoption, 
in  such  cases,  of  the  township  system  of  school  districts  —  a  sys- 
tem that  can  be  proven  to  be  immeasurably  superior  to  any  other, 
in  all  the  essential  elements  of  economy,  simplicity  and  vigor.  It 
sweeps  away  the  numberless  irritations  incident  to  the  changes  of 
district  boundaries — the  additions  and  subtractions  of  territory — 
the  alternate  divisions  and  consolidations  of  districts.  It  reduces 
the  number  of  corporations  in  each  township,  from  a  half  score,  or 
more,  to  one ;  and  abolishes  a  proportional  amount  of  useless  ma- 
chinery and  unnecessary  offices.  It  substitutes  a  uniform  rate  of 
taxation,  for  as  many  different  rates  as  there  are  districts  in  the 
township.  It  requires  the  strong  to  help  the  weak,  and  the  weak 
to  help  the  strong,  and  so  equalizes  all  burdens,  and  strengthens 
and  invigorates  the  whole.  While  the  property  of  the  sparsely 
settled  rural  districts  is  taxed  to  build  the  costly  house  and  to  sup- 
port the  expensive  school  of  the  populous  center,  or  town,  or  vil- 
lage—  the  property  of  the  latter  is  also  taxed  in  the  same  ratio  to 
meet  the  wants  of  the  former.  Each  portion  of  the  township  has 
an  interest  in  every  other  portion,  and  there  can  be  no  conflict  of 
interests.  The  schools  of  the  township  are  for  all,  open  to  all,  and 
located  with  reference  to  the  convenience  of  all.  The  children  at- 
tend whatever  school  is  of  the  proper  grade  and  most  accessible. 
The  whole  school  population  of  the  township  pass  regularly  forward 
through  the  primary,  intermediate  and  grammar  schools,  on  to  the 
high  school,  and  thus  complete  their  course  of  common  school 
training  harmoniously,  economically  and  successfully ;  and  that, 
too,  at  home,  under  the  watchful  care  of  their  parents  and  friends  — 
a  blessing  which  cannot  be  estimated. 


tl  DIS<    I    9BI0D     "I      AMI.NDMI.N  I  S. 

For  an  amendment  which  bringi  these  advantages  within  the 
reach  of  even  township  that  chooeet  to  have  them,  we  cannot  be 
too  thankful.  It  will  prove  of  inestimable  ralue  to  all  townships 
that  will  avail  themselves  of  its  privileges  and  make  thorough 
trial  of  its  benefits*  I  be  simple  and  comprehensive  principle 
established  b\  this  amendment  renders  unnecessary  nine-tenths 
of  the  special  acts  of  school  incorporation  passed  bj  everj  legis- 
lature, including  many  enacted  by  the  late  general  assembly. 
When  boards  of  trustees  desire  to  exercise  the  discretion  conferred 
by  ilii-  amendment,  it  will  only  be  necessary  for  them  to  change 
the  map  of  their  township  to  correspond  with  the  consolidation  of 
districts,  or  with  the  organization  of  the  whole  township  into  one 
district,  as  the  case  may  be,  and  file  said  map,  so  changed  and  'Inly 
certified,  with  the  clerk  of  the  county  court.  Township  tin 
cannot  be  too  careful  to  Bee  that  all  changes  of  district  boundaries 
are  promptly  ami  accurately  recorded  by  their  treasurer,  and  re- 
ported to  the  county  clerk.  Inattention  to  this  duty  has  caused 
much  annoyance  to  county  clerks,  and  often  resulted  in  the  loss  to 
districts  of  the  taxes  necessary  to  carry  on  the  schools. 

It  will  be  observed  that  the  language  of  the  amendment  re- 
specting the  formation  of  school  districts  out  of  parts  of  two  or 
more  townships  or  fractional  townships  is,  that  the  trusti 
schools  of  the  townships  interested  shall  "  concur  "  in  the  forma- 
tion of  such  districts.  Prior  to  this  amendment  trustees  were  re- 
quired to  "  act  in  conjunction "  in  such  cases.  The  language  of 
the  amendment  is  much  more  perspicuous,  and  fitly  ex  pi 
what  was  undoubtedly  the  intention  of  the  law,  even  prior  to  the 
change.  Many  have  supposed  that  districts,  composed  of  part-  of 
two  or  more  townships,  could  not  be  legally  established  unless  the 
trustees  of  the  respective  townships  literally  acted  in  conjunction, 
i.  e.  met  together,  and  in  joint  session  consummated  the  organiza- 
tion of  Buch  districts.  It  will  now  be  clearly  understood  that  the 
concurrence  only  of  the  respective  boards,  i.-  required  ;  the  subject 
may  be  separately  considered  and  acted  upon  by  each  board  con- 
cerned, at  their  respective  places  of  meeting,  and,  if  the  proposi- 
tion is  agreed  to,  or  concurred  in  by  each  board,  the  requirements 
of  the  law  arc  satisfied.  The  only  restriction  is  that  such  action 
must  be  had  by  the  respective  boards  at  a  regular  Besaion. 

The  remaining  amendments  to  this  section  relate  to  the  forma- 

o 

tion   of  new  districts,  and   the   proper  apportionment  of   school 


DISCUSSION    OF   AMENDMENTS.  73 

funds  and  property  to  the  respective  districts  concerned.  The 
first  point  to  be  noticed  in  this  connection  is  the  very  important 
one,  that  hereafter  no  division  of  school  funds  or  property  is  re- 
quired to  be  made  unless  an  entire  neiv  district  is  organized. 
Heretofore  such  division  was  required  when  a  portion  of  territory 
was  detached  from  one  district  and  joined  to  another,  although  no 
new  district  was  thereby  constituted.  Hereafter  no  distribution 
of  school  funds  or  property  will  be  required  in  such  cases.  It  is 
believed  that  this  provision  is  just  and  proper,  and  it  is  certain 
that  it  will  prevent  much  difficulty  and  misunderstanding.  It  is 
just  and  equitable,  because,  when  a  portion  of  territory  is  cut  off 
from  one  district  and  added  to  another,  the  district  receiving 
such  accession  of  territory  is  permanently  benefited  by  such  in- 
crease of  its  taxable  property,  and  therefore  has  no  just  claim,  in 
addition,  to  any  share  of  the  funds  or  value  of  the  property  re- 
maining in  the  other  district ;  while  on  the  other  hand,  the  district 
which  surrenders  a  portion  of  its  territory,  is  thereby  permanently 
deprived  of  the  benefit  of  the  taxes  formerly  received  from  the 
taxable  property  so  given  up,  and,  as  a  partial  equivalent  for  the 
loss,  it  is  right  that  such  district  should  be  allowed  to  retain  the 
funds  or  taxes  that  have  accrued  from  the  territory  set  off.  Even 
with  the  present  amendment  the  advantage  is  largely  and  perma- 
nently on  the  side  of  the  district  receiving  the  accession  of 
territory,  although  the  present  rule  of  action  is  much  more  equit- 
able than  the  former  one.  These  facts  must  be  distinctly  borne 
in  mind,  by  the  districts  concerned,  in  all  future  transactions  of 
this  kind. 

New  districts  in  organized  townships  can  only  be  formed  in 
three  ways — first,  by  the  division  of  one  district  into  two  or  more 
districts ;  second,  by  the  formation  of  another  district  out  of  parts 
of  two  or  more  districts,  and  third,  by  the  consolidation  of  two  or 
more  districts  into  one.  In  either  of  the  two  former  cases  the 
division  of  taxes  and  other  funds  is  to  be  made  upon  the  basis  of 
the  amount  of  taxes  collected  on  the  property  remaining  in  each 
district.  But  the  school  property,  such  as  school-houses,  etc.,  is 
to  be  appraised,  and  the  value  apportioned,  among  the  several 
claimants  on  the  basis  of  the  amount  of  taxable  property  remain- 
ing in  each  district  after  the  formation  of  such  new  districts.  The 
new  law  is  very  stringent  in  requiring  a  prompt  division  of  funds 
and  apportionment  of  the  value  of   school  property.     The  tax 


7  1  DI80U88ION  O]     I  M  I  STDM  I  H  I    . 

funds  on  hand  are  to  be  divided  immediately,  at  the  /'»"  the  new 
district  is  formed  ;  Buch  divi  ion  i  in  fact  to  form  a  part  of  the 
official  transaction!  connected  with  the  organization  of  the  uew 
district.  Ami  all  taxes  or  other  rands,  due  and  payable  at  th<  time 
•  if  mkIi  new  organization,  but  not  yet  received,  must  I"-  divided 
without  delay  or  default  at  toon  at  received.  It  i-  also  the  duty 
of  the  board  or  boards  of  trustees  concerned,  to  appraise  the  school 
property  at  the  time  that  a  new  district  or  districts  are  formed, 
and  to  apportion  the  appraised  value  thereof  to  the  respective  dis- 
tricts upon  the  basis  required  by  law  :  and  to  order  their  respective 
treasurers  forthwith  to  place  the  several  amounts,  bo  apportioned, 
upon  their  books  to  the  credit  of  the  proper  districts.  The  ap- 
praisal and  apportionment  of  the  estimated  value  of  school  prop- 
erty Bhould,  as  I  have  just  said,  always  1"'  done  at  once — at  the 
time  the  new  district  or  districts  are  formed.  By  the  provisions 
of  the  amendment  it  mutt  be  done  within  three  months  from  the 
formation  of  such  new  district.  There  is  no  need  of  much  delay; 
many  difficulties  result  from  deferring  the  adjustment  of  Buck 
accounts  from  year  to  year,  and  then  setting  up  a  claim  to  a  dis- 
tributive share  of  the  funds  and  property.  The  records  of  this 
office  show  this  to  have  been  a  prolific  source  of  misunderstanding 
and  trouble.  In  some  instances  parties  have  presented  their  claims 
more  than  seven  years  subsequent  to  the  formation  of  the  new 
district.  Happily  this  class  of  difficulties  will  be  avoided  in 
future  ;  parties  must  prefer  their  claims  within  three  months,  or 
be  barred  by  law.  These  new  provisions  are  prospective,  of 
course,  and  not  retroactive  in  their  operation  ;  but  I  cannot  too 
earnestly  urge  the  immediate  adjustment  of  all  outstanding  claims 
of  this  character. 

In  respect  to  the  appraisal  of  school  property,  if  the  parties  are 
satisfied  to  leave  it  to  the  board  or  boards  of  trustees  concerned, 
there  can  be  no  objection  ;  but,  if  not,  it  is  suggested  that  it  be 
left  to  a  board  of  arbitrators,  one  to  be  selected  by  each  of  the 
districts  interested,  and  they  two  to  select  the  third.  The  appor- 
tionment of  the  appraised  value  is  to  be  in  proportion  to  the 
amount  of  taxable  property  in  each  district  concerned,  which 
amount  can  be  readily  ascertained  from  the  books  of  the  BS8<  asor. 
It  can  hardly  be  necessary  to  point  out  in  detail  the  method  of 
procedure  in  such  apportionment,  but  a  simple  illustration  may  not 
be  amiss.     If  two  districts  are  formed  from  one,  and  the  amount  of 


DISCUSSION   OF   AMENDMENTS.  75 

taxable  property  remaining  in  the  district  so  formed  is  $10,000  and 
$15,000  respectively,  and  the  appraised  value  of  the  school-house 
is  $500,  then  the  distributive  share  of  the  former  is  $200,  and  of 
the  latter  $300,  and  in  the  same  manner  for  any  other  case.  Let 
it  be  particularly  noticed  that  as  soon  as  the  property  is  appraised 
and  apportioned  as  aforesaid,  it  is  the  duty  of  the  treasurer  to 
charge  the  district  retaining:  the  school-house  with  the  amount  due 
the  other  district,  and  to  credit  the  latter  with  the  same.  If  the 
district  retaining  the  school-house  has  not  the  means  of  paying  over 
what  is  due  the  other  district,  the  directors  must  take  prompt  meas- 
ures to  discharge  their  indebtedness,  by  a  tax  or  otherwise.  Any 
new  district,  may  of  course,  waive  its  claim  to  a  distributive  share 
of  the  common  funds  and  property,  but  if  not,  and  a  claim  is  made, 
it  must  be  promptly  granted  and  satisfied  as  prescribed  by  law. 

The  case  of  the  consolidation  of  two  or  more  districts  into- one 
requires  no  explanation  ;  the  new  district  owns  all  the  corporate 
property  and  funds  of  the  several  districts  so  united. 

§  34.  It  will  be  seen  that  no  material  change  has  been  made  in 
this  section.  The  rule  of  distribution  of  funds  remains  the  same, 
viz :  one-half  in  proportion  to  the  number  of  persons  in  each  dis- 
trict under  twenty-one  years  of  age,  and  the  other  half  in  propor- 
tion to  the  grand  total  number  of  days'  attendance  certified  in  the 
schedules.  A  different  principle  of  distribution  would  doubtless 
be  more  equitable  in  some  instances,  but  it  is  thought  that  no  gen- 
eral rule  would  be  upon  the  whole  more  just  in  its  operation,  or 
better  subserve  the  two-fold  purpose  of  protecting  the  weaker  dis- 
tricts, and  furnishing  the  necessary  stimulus  to  a  full  attendance. 
The  language  of  this  section  is  much  improved  by  the  amendment, 
being  more  perspicuous,  and  omitting  some  sentences  that  were 
either  superfluous  or  of  doubtful  meaning.  It  is  not  seen,  for  in- 
stance, why  the  township  trustees  should  be  required,  as  the  old 
law  provided,  to  direct  the  treasurer  to  pay  over  the  district  tax 
money  on  the  order  of  the  directors  of  the  proper  districts,  since 
township  treasurers  are  expressly  required  by  other  sections  of  the 
act  to  pay  out  all  such  funds  when  collected,  on  the  orders  of  the 
boards  of  directors,  by  whom  they  were  respectively  levied.  The 
trustees  are  only  concerned  with  the  distribution  of  other  funds, 
upon  the  basis  prescribed  in  this  section,  and  they  are  further  re- 
quired to  see  that  each  district  is  properly  credited  on  the  books  of 


7<">  DIB<  i  BSIOfl    I II    \mi  N  Mfl  H  i  B. 

tin-  treasurer  with  the  amount  bo  apportioned.  When  thia  i-  done 
the  transaction  ifl  complete  ;  1 1 » « -  director  of  each  district  jo  cred- 
ited '"in  draw  on  the  treasurer  For  said  amounl  or  any  pari  thereof 
:it  : 1 1 1 \  time,  and  nil  suoh  orders,  when  legally  drawn,  must  be 
promptly  honored  by  the  treasurer.  Further  instructions  on  this 
subject  will  be  found  in  the  subsequent  portion  of  this,  work. 

^  :'..">.    This  section  is  amended  in  se vera]  important  particulai 

1.  "W li i  1*,'  the  rule  of  transfer  remains,  the  permits  are  to  1"; 
filed  with  t!ic  township  treasurer,  instead  of  the  teacher  i 

fore,  and  such  permits  are  made  to  constitute  the  only  conclusive 
c\  idence  of  consent.  There  is  an  obvious  propriety  in  thi-  cl 
Bince  the  township  treasurer,  having  to  pass  upon  the  eorr 
of  the  schedules,  is  the  proper  repository  of  the  official  evidence 
of  the  regularity  of  transfers.  The  permit-  should  be  carefully 
filed  and  preserved  by  the  treasurer  fur  reference,  and  all  parties 
concerned  will  take  due  notice  that  the  schedules  cannot  her<  after 
be  accepted  as  evidence  of  consent,  in  the  absence  of  written  ob- 
jeotion,  as  was  heretofore  allowed.  The  obtaining  of  the  necessary 
permits  c;in  occasion  but  little  trouble,  and  they  are  essential  to 
the  protection  of  both  districts.  If  the  advantages  of  the  trans- 
fer are  not  deemed  sufficient  to  balance  the  little  time  and  care 
necessary  to  comply  with  the  requirements  of  the  law,  parents 
cannot  complain  if  their  children  arc  excluded.  The  teacher  should, 
in  all  cases,  be  satisfied  that  a  pupil  from  another  district  has  been 
regularly  transferred,  before  enrolling  him  as  a  member  of  school ; 
this  precaution  may  save  him  much  subsequent  trouble. 

2.  There  was  much  ambiguity  in  this  section  prior  to  its  amend- 
ment, in  respect  to  the  amount  proper  to  be  certified  in  each  sched- 
ule, as  due  the  teacher.  Treasurers  were  instructed  to  pay  the 
amount  certified,  while  no  rule  was  given  by  which  that  amount 
was  to  be  computed,  leaving  directors  and  treasurers  at  no  small 
loss  how  to  proceed  in  the  premises,  and  opening  the  door  for  actual 
injustice  and  wrong,  should  the  parties  be  disposed  to  avail  them- 
selves of  it.  All  doubt  upon  this  point  is  removed  by  the  amend- 
ment, which  declares  that  the  amount  certified  in  each  separate 
schedule  to  be  due  shall  be  computed  upon  the  basis  of  the  total 
number  of  days'  attendance  of  all  the  schedules.  Thus,  if  a  school 
is  composed  of  scholars  from  three  different  districts,  and  the  total 
days'  attendance  of  each  district  is  300,400  and  500  respectively, 


DISCUSSION    OF   AMENDMENTS.  77 

and  the  whole  amount  due  the  teacher  is  $120,  then  the  amounts  to 
be  certified  in  the  separate  schedules  are  $30,  $40,  and  $50  re- 
spectively. 

3.  Perhaps  no  portion  of  the  old  law  has  been  more  variously 
interpreted,  or  occasioned  more  perplexity  than  that  part  of 
the  thirty-fifth  section  which  related  to  the  manner  of  forming 
union  districts.  Especial  difficulty  was  experienced  as  to  the 
status  of  the  separate  boards  of  directors  after  the  act  of  consoli- 
dation. All  ambiguity  is  removed  by  the  amendment,  and  the 
mode  of  procedure  is  simple,  clear  and  explicit.  Whenever  the 
directors  of  two  or  more'  school  districts  are  of  opinion  that  the 
interests  of  their  respective  districts  will  be  promoted  by  consoli- 
dation, it  is  only  necessary  that  the  proposition  to  consolidate 
should  be  approved  or  concurred  in  by  a  majority  of  each  of  said 
boards  of  directors.  The  proposal  may  be  considered  and  adopted 
by  each  board  separately,  or  in  joint  session,  as  they  may  elect. 
No  district  can  be  included  in  the  act  of  consolidation  without  the 
consent  of  at  least  two  of  the  directors  thereof.  After  the  meas- 
ure is  agreed  to,  the  directors  of  the  concurring  districts  will  meet 
in  joint  session  and  appoint  the  union  directors.  The  mode  of 
appointment  is  not  stated  in  the  law,  nor  is  it  material.  It  may  be 
by  nomination  and  vote,  or  in  any  other  fair  and  equitable  manner. 
The  new  directors  may  be  taken  from  the  members  of  the  old 
boards,  or  not,  as  may  be  deemed  best ;  but  they  should  in  all 
cases,  if  practicable,  be  taken  from  different  parts  of  the  union 
district,  and  not  all  from  one  part.  When  the  union  directors  are 
chosen  and  appointed,  it  only  remains  for  the  old  directors  to 
draw  up  and  sign  the  official  instrument  by  which  the  transaction 
is  consummated  ;  upon  the  delivery  of  which  (or  one  of  the  same 
tenor),  to  the  township  trustees  of  the  proper  township  or  town- 
ships, the  transaction  will  be  legally  consummated,  and  the  union 
district  fully  and  lawfully  constituted.* 

Immediately  upon  the  receipt  of  the  proceedings  and  certificate 
of  the  constituent  boards  of  directors  as  aforesaid,  it  will  be  the 
duty  of  the  township  board  or  board  of  trustees,  to  change  the 
map  of  their  township  or  townships,  in  conformity  with  said  pro- 
ceedings, and  to  file  the  same  with  the  clerk  of  their  county 
court,  and  thereafter  the  district  so  formed  will  be  known  and  rec- 

*  See  form  of  certificate  under  the  head  of  Forms  of  School  Instruments. 


78  DIBOUSSXCM   OF   ami  •  i.m  i  \  i  -. 

ognized,  under  the  name  and  style  given  t<i  it  in  said  official  pro- 
ceedings, the  same  as  other  districts  are  known  and  rec  prized; 
and  said  district  will  be  entitled  t<>  all  the  rights  and  privileg* 
cvri\  description,  enjoyed  bj  other  districts.  The  directors,  chosen 
and  appointed  as  aforesaid,  will,  at  their  first  meeting  as  bucH, 
draw  lots  for  their  respective  terms  of  office  for  one,  two  and  three 
year.-,  ami  will  thereafter  be  elected  as  provided  by  law  in  the  case 
of  other  directors. 

It  will  be  observed  that  districts  may  be  formed  by  consolidation, 
umlcr  the  provisions  of  this  section,  at  any  time;  whereas  all  new 
districts  established  by  order  of  township  trustees  most  I"-  formed 
at  Borne  regular  Bession  of  said  board  of  trustees ;  and  it  will  be 
further  observed  that  the  formation  of  Buch  districts,  provided  the 
forms  of  law  are  complied  with,  is  entirely  independent  of  the 
township  trustees,  the  latter  having  no  right  or  authority  to  inter- 
fere with,  or  refuse  their  sanction  to  the  legal  acts  of  the  constitu- 
ent boards  of  directors,  in  the  formation  of  such  districts  ;  their 
rights  and  duties  in  the  case  being  confined  to  changing  the  map 
of  their  township,  or  causing  the  same  to  be  done,  and  filing  said 
new  map  with  the  county  clerk. 

The  provisions  of  this  section,  it  will  be  noticed,  are,  in  a  sense, 
supplementary  to  those  of  the  thirty-third  section,  authorizing 
changes  in  school  districts  to  be  made  in  certain  case-  by  the  di- 
rectors instead  of  the  trustees,  thereby  meeting  exigencies  which, 
may  arise,  where  desirable  changes  could  not  be  effected  through 
the  regular  channels  prescribed  in  section  thirty-three.  The  di- 
rector drawing  the  shortest,  or  one-year  term,  will,  in  all  cases, 
retire  at  the  regular  annual  election  of  directors  next  succeeding 
the  time  of  the  formation  of  the  union  district.  If,  for  example,  a 
union  board  should  be  appointed  in  May  of  any  year,  the  term  of 
service  of  the  member  drawing  for  one  year  will  expire  at  the  fol- 
lowing August  election,  when  a  new  director  will  be  elected  for 
the  full  three  years'  term. 

§  06.  It  is  the  intention  of  the  addition  to  this  section  to  hold 
township  officers  to  the  same  responsibility,  in  respect  to  the  re- 
turn of  statistical  reports,  as  is  imposed  upon  county  superintend- 
ents, and  to  secure  this  end  it  is  provided  that  neglect  or  failure 
to  furnish  such  reports,  in  the  maimer  and  within  the  time  required 
by  law,  shall  work  the  forfeiture  of  the  public  school  fund  for  the 


DISCUSSION    OF   AMENDMENTS.  79 

next  ensuing  year.  The  considerations  presented  in  the  remarks, 
under  the  seventeenth  section  of  the  act  are  equally  applicable  in 
this  case,  and  need  not  be  repeated.  The  amendment,  as  in  the 
other  case,  is  highly  penal  in  its  provisions,  but  there  need  not  be, 
and  I  trust,  will  not  be,  any  occasion  to  enforce  them.  It  devolves 
upon  county  superintendents  to  see  that  the  requirements  of  this 
amendment  are  complied  with,  and  to  withhold  the  funds  in  case 
of  refusal,  or  willful  neglect,  on  the  part  of  township  trustees  and 
treasurers  to  discharge  the  plain  duty  required  of  them  by  law. 
The  state  superintendent  is  authorized  to  remit  the  forfeiture,  as 
in  the  seventeenth  section,  upon  being  satisfied  that  the  circum- 
stances are  such  as  to  entitle  the  parties  thereto. 

§  39.  The  last  period  of  section  thirty-nine,  which  relates  to 
the  consolidation  and  division  of  districts,  and  to  the  distribution 
and  adjustment  of  the  funds  and  property,  is  stricken  out,  because 
the  provisions  of  said  period  are  incorporated  into  section  thirty- 
three,  as  amended,  where  they  properly  belong.  No  other  change 
is  made  in  this  section.  All  of  those  provisions  of  the  law  which 
pertain  to  the  formation,  alteration,  division  and  consolidation  of 
school  districts,  (except  as  regards  the  formation  of  union  dis- 
tricts,) are  brought  together  by  this  amendment  into  one  section, 
(33d,)  instead  of  being  dispersed  through  the  act ;  an  arrange- 
ment that  will  greatly  contribute  to  the  convenience  of  reference. 

§  42.  The  amendment  to  this  section  consists  in  the  addition 
of  provisions  similar  to  those  attached  to  the  twenty-fifth  section, 
and  with  the  same  end  in  view,  viz :  to  guard  against  the  conse- 
quences of  the  neglect  or  refusal  of  the  proper  officers  to  take  the 
necessary  steps  to  order  regular  or  special  elections.  The  same 
evils,  that  rendered  such  legislation  necessary  in  the  case  of  town- 
ship trustees,  had  existed  in  respect  to  the  election  of  school  di- 
rectors. Notwithstanding  the  law  requires  the  immediate  filling 
of  all  vacancies  in  district  boards,  whether  caused  by  resignation, 
removal,  or  expiration  of  term  of  service,  it  is  well  known  that 
this,  in  many  cases,  has  not  been  done,  and  that  vacancies  have 
remained  long  unfilled,  to  the  great  detriment  of  the  schools. 

Under  this  section,  prior  to  the  amendment,  notices  of  all  stated 
elections  were  required  to  be  given  by  the  directors,  and  of  all 
special  elections  to  fill  vacancies,  by  the  remaining  director  or-di- 


80  DIS(   I    BBIOS     01      NMI.M'Ml.N  I  9. 

rectors;  luinc,  if  dn\-  f"iil«i|  or  refused  t(»  :i>'t  In  the  premises, 
there  was  do  other  mode  l>v  which  such  election!  could  be  legally 
ordered.  Hereafter,  if  DOtioei  of  any  regular  or  special  election 
arc  not  given  by  the  directori  al  the  time  required  by  law,  the. 
duty  of  ordering  Buoh  elections  will  devolve  first  upon  township 
treasurers,  and  upon  their  failure  or  refusal,  then  upon  county 
superintendents.  It'  no  election  for  directors  is  held  on  th< 
Monday  of  August,  the  township  treasurer  must,  within  ten  days, 
order  Buch  election;  and  if,  at  the  expiration  of  said  ten  days, 
such  order  is  not  issued  by  the  township  treasurer,  the  county 
superintendent  must,  within  the  next  ten  days,  order  such  election. 
The  township  treasurer  or  county  superintendent  may  proceed  to 
order  district  elections  as  provided  by  this  amendment,  npon  the 
written  information  and  request  of  any  legal  voter  of  any  district 
in  which  default  of  holding  such  election  has  been  made.  All 
elections  of  directors  must  be  held  on  some  Monday. 

The  directions  above  given,  apply  also  to  the  ordering  of  elec- 
tions to  fill  vacancies,  i.  <\,  when  a  vacancy  occurs  from  whatever 
cause,  the  remaining  director  or  directors  are  required  to  order  an 
election  immediately  to  fill  such  vacancies.  Upon  their  failure  to 
do  so,  the  township  treasurer  must  give  such  order  within  ten 
days  from  the  occurrence  of  such  vacancy,  and  upon  his  default, 
such  order  must  be  issued  by  the  county  superintendent  within 
the  next  ten  days,  as  aforesaid,  upon  due  information  or  request, 
as  before  mentioned.  It  is  believed  that  this  important  point  is 
now  as  effectually  guarded  as  it  can  be  by  legislation,  and  that 
district  elections  cannot  hereafter  go  by  default,  nor  vacancies  re- 
main long  unfilled,  except  by  the  most  unpardonable  indifference 
and  neglect  upon  the  part  of  the  citizens  of  the  respective  districts. 

§  44.  County  clerks  have  heretofore  been  subjected  to  much 
inconvenience,  in  consequence  of  having  to  deal  with  each  sepa- 
rate board  of  directors  of  the  county,  instead  of  with  the  town- 
ship treasurers  only,  as  is  provided  by  this  amendment.  It  is 
plain  that  the  township  treasurer  is  the  proper  person  to  whom 
such  certificates  should  be  delivered  by  directors.  lie  stand-  at 
the  head  of  the  financial  affairs  of  his  township,  and  is  the  proper 
officer  to  whom  the  local  district  officers  should  report.  lie  i-, 
moreover,  more  accessible,  and  better  acquainted  with  the  condi- 
tion and  circumstances  of  each  district,  than  the  county  clerk,  and 


DISCUSSION    OF    AMENDMENTS.  81 

can  more  reliably  correct  any  clerical  errors  in  the  estimates  and 
certificates  of  the  directors.  Not  only  the  convenience  of  county 
clerks,  but  that  also  of  the.  directors,  as  well  as  the  certainty 
and  reliability  of  the  estimates  and  lists  of  resident  tax-payers, 
will  be  greatly  promoted  by  the  changes  made  in  this  section 
of  the  law.  The  certificates  of  directors,  with  lists  of  tax-payers, 
must  be  delivered  to  the  township  treasurer  on  or  before  the 
first  Monday  of  September ;  and  said  certificates  and  lists,  after 
being  carefully  examined,  and  all  errors,  if  any,  duly  corrected, 
must  be  delivered  by  the  township  treasurer  to  the  county  clerk 
on  or  before  the  second  Monday  of  September.  School  directors 
must  be  punctual  to  the  time  fixed  by  law,  if  they  expect  their 
estimates  to  be  received.  The  township  treasurer  may  reject  any 
returns  made  to  him  after  the  first  Monday  of  September,  just  as 
the  county  clerk  must  decline  to  receive  any  estimates  delivered 
to  him  after  the  second  Monday  in  September.  The  amendment 
allows  each  township  treasurer  one  week  in  which  to  examine, 
compare  and  correct  the  returns  made  to  him,  and  deliver  the  same 
to  the  county  clerk. 

This  time  is  sufficient,  if  directors  are  punctual.  The  township 
treasurer  must  not  be  expected  to  incur  the  risk  of  failing  to 
make  timely  returns  to  the  county  clerk  by  waiting  beyond  the 
time  fixed  by  law,  for  the  accommodation  of  tardy  or  careless  di- 
rectors. They  must  see  to  it  that  no  district  loses  the  benefit  of 
its  special  tax  through  any  fault  or  remissness  on  their  part.  In 
order  that  county  clerks  may  be  furnished  with  the  latest  reliable 
data  upon  which  to  extend  district  taxes,  the  amendment  further 
provides  that  whenever  changes  shall  have  been  made  in  the 
boundaries  of  districts  subsequent  to  the  last  preceding  levy  and 
extension  of  such  taxes,  it  shall  be  the  duty  of  township  treasurers 
to  prepare  and  return  to  the  county  clerk,  with  the  certificates 
and  lists  aforesaid,  new  maps  of  their  townships  defining  and 
showing  such  changes  of  district  boundaries.  This  is  a  matter  of 
great  importance,  for  county  clerks  are  governed  by  the  last  offi- 
cial township  maps  on  file  in  their  respective  offices,  and  cannot  be 
expected  to  take  cognizance  of  changes  which  have  never  been 
reported  to  them. 

Township  treasurers  are  enjoined  to  a  careful  compliance  with 
the  provision  requiring  lists  of  tax-payers  to  be  alphabetically  ar- 
ranged.    This  can  easily  be  effected  on  their  part,  and  is  of  the 


82  WBCUSBIOH    OF    \  m  r.\  umi.n  I  -. 

atmosl  convenience  to  county  clerks,  whose  duties,  in  connexion 
with  district  taxes,  are  rery  onerous, and  every  practicable  facility 
should  I"'  afforded  then  in  the  discharge  of  their  duties,  by  district 
and  township  officers.  It  ii  believed  thai  the  amendments  to  this 
section  will  prove  among  the  mosl  acceptable  and  salutary  of  any 
(•ml. raced  in  the  amendatory  act. 

8  -17.    This  section  is  amended  in  three  particulars — 

1.  The  first  three  periods  of  the  section,  as  ii  formerly  stood,  are 

stricken  out,  -air!  periods  (  which  relate  exclusively  to  the  mode  of 
proceeding  with  certificate-  of  taxation  and  lists  of  tax-payeri  in 
the  case  of  districts  lying  partly  in  two  or  more  counties)  having 
been  transferred  to  and  incorporated  with  the  forty-fourth  section 
of  the  act,  as  amended,  where  they  more  properly  belong. 

2.  By  the  amendment  the  sum  that  may  be  borrowed  in  any 
one  year  by  the  directors,  upon  a  vote  of  the  people,  for  purpose* 
specified  in  this  section,  is  increased  from  three  per  cent,  to  five 
per  cent,  of  the  taxable  property  of  the  district. 

3.  In  like  manner  the  amount  of  tax  that  may  be  levied  in  any 
one  year  for  said  purposes  is  increased  from  two  per  cent,  to  three 
per  cent,  of  said  taxable  property.  It  is  presumed  that  the  exi- 
gency will  rarely  arise  when  it  will  be  deemed  expedient  to  borrow 
and  levy  respectively  in  any  one  year  the  maximum  amount-  au- 
thorized by  the  amendment ;  but  as  circumstances  may  occur  when 
it  will  be  desirable  to  do  so,  the  legislature  has  wisely  conferred 
the  necessary  authority.  The  check  is  that  neither  the  amount 
specified  in  this  section,  nor  any  sum  at  all,  can  be  either  borrowed 
or  levied  without  a  vote  of  the  people  first  obtained.  Experience 
shows  that  interests  of  this  nature  may  be  safely  left  with  the  tax- 
payers, at  least  so  far  as  any  danger  of  inordinately  large  levies 
are  concerned ;  the  difficulty,  if  any,  usually  lying  in  the  opposite 
direction.  The  people,  as  a  rule,  are  prudent  and  conservative, 
and  little  disposed  to  indiscreet  or  extravagant  expenditures.  On 
the  other  hand,  it  would  seem  to  be  in  strict  accordance  with  the 
theory  and  spirit  of  our  institutions  and  laws,  and  of  the  principle 
of  self-government,  that  where  a  community  chooses  voluntarily 
to  make  sacrifices  for  their  children,  and  for  the  public  good,  and, 
of  their  free  will  to  impose  upon  themselves  burdens  of  taxation, 
even  though  excessive,  they  should  not  be  restricted  in  their  right 
to  do  30. 


DISCUSSION   OF   AMENDMENTS.  83 

It  will  be  observed  that  money  may  be  borrowed,  and  taxes 
levied  for  the  purposes,  and  upon  the  conditions  and  rates  prescribed 
in  this  section,  in  the  same  year,  in  order  that  provision  for  pay- 
ment may  be  made  at  the  same  time  that  the  loan  is  effected. 
Should  the  highest  rates  be  borrowed  and  levied  in  any  one  year, 
and  a  like  rate  of  taxation  be  continued  the  next  year,  both  prin- 
cipal and  interest  could  be  more  than  canceled  and  paid  in  two  years. 
But  while  it  may  not  unfrequently  be  expedient  to  borrow  the 
maximum  rate  in  a  given  year,  it  will  very  rarely  be  necessary 
or  advisable  to  impose  the  maximum  rate  of  taxation  in  any  one 
year ;  a  light  tax,  one  that  shall  be  sufficient  to  meet  the  interest 
accruing  on  the  sum  borrowed,  and  gradually  reduce  the  principal, 
is  generally  to  be  recommended.  Notices  of  meetings  to  consider 
a  vote  upon  questions  arising  under  the  provisions  of  this  section 
must  be  given  as  provided  by  the  act  in  the  case  of  other  district 
elections ;  the  question  or  questions  to  be  decided  being  distinctly 
stated  in  said  notices,  and  a  majority  of  the  votes  cast  at  such  elec 
tion  being  necessary  to  authorize  the  directors  to  act. 

§  48.  The  most  important  amendment  made  to  this  section  is 
that  which  fixes  the  minimum  age  at  which  children  may  be  ad- 
mitted into  the  public  schools,  at  six  instead  of  five  years  as  here- 
tofore. Such  an  amendment  has  long  been  desired,  and  will  be 
hailed  with  profound  satisfaction  by  every  intelligent  friend  of 
common  schools. 

The  consequences  of  admitting  children  of  the  tender  age  of 
five  years  into  the  crowded  public  school-rooms  of  the  state,  have 
been  regarded  with  sorrow  and  alarm.  The  records  of  this  office 
show  that  not  less  than  fifty  thousand  of  these  little  ones  have  been 
annually  subjected  to  the  inevitable  evils  incident  to  their  attend- 
ance upon  the  public  schools.  In  my  first  report  to  the  legislature,  I 
briefly,  but  earnestly  adverted  to  the  subject,  and  invoked  for  it  the 
kindly  interposition  of  the  law-making  power  of  the  state.  Some 
will  doubtless  regard  this  change  as  unnecessary,  or  even  as  wrong 
and  unjustly  restrictive  of  the  rights  of  parents,  but  it  would  be  easy 
to  show  by  incontrovertible  facts  that  the  evils  connected  with  the 
admission  of  such  young  children  far  outweigh  the  advantages.  If 
right  ideas  of  the  laws  of  health  and  growth,  both  of  body  and 
mind,  were  generally  prevalent  among  teachers  and  school  officers  ; 
if  those  laws  were  strictly  observed  in  selecting  the  subjects  and 


84  DIS<   I   IBIOS     '  H       \  Ml. M.\I  i:\T8. 

methods  of  study  ;   in  prescribing  the  number  of  -«-lMMil-]iou«r-H 
and  settling  the  length  and  frequency  of  recesses,  and  in  the  ar- 
rangement  of  the  seats,  desks  and  other  fixtures  of  the  school-room ; 
the  reasom  for  increasing  the  minimum  age  of  eligibility  would 
lose  much  of  their  force.     Bui  these  favorable  conditions  are,  to  a 
greal  extent,  wanting.     Right  views  on  these  vital  points  arc  the 
exception — wrong  opinions  and  practice!  are  the  rule.     No  distinc- 
tion is  generally  made  in  school  regulation!  between  the  oldesl  and 
the  youngesl  pupils.     The  bodies  and  brain  powers  of  the  youi       I 
and  smallest  arc  brought  under  the  same  restraints  and  pressure 
that  are  imposed  upon  the  oldest  and  largest.     Ho  man  can  esti- 
mate the  evils  which  follow  in  the  train  of  so  monstrous  a  disregard 
of  the  fundamental  laws  of  our  mental  and  physical  being,  and  of 
the  distinctions  which  should  characterize  each  progressive  stage 
of  development.     The  amount  of  book  knowledge  gained  in  a  year, 
in  a  large  mixed  public  school,  by  an  infant  five  year-  old,  is  of 
necessity  very  email ;    while  inroads  upon  health,  the  stifling  of 
natural  impulses,  languishing,  weariness  and  ultimate  disgust  with 
school  and  school  duties,  are  the  sad  price  that  is  paid  for  it.     I 
repeat  that  no  intelligent  man  can  examine  this  subject,  in  the  light 
of  reason  and  of  facts,  without  the  deepest  solicitude. 

Hereafter  no  pupil  under  the  age  of  six  years  should  be  received 
into  the  public  schools.  The  benefits  of  this  change  will  be  by  no 
means  confined  to  the  little  ones  whom  it  debars  for  the  time  from 
the  schools  ;  the  remaining  pupils  and  teachers  will  also  gain  much 
by  the  change — the  former  in  receiving  a  larger  share  of  attention, 
and  the  latter  in  being  relieved  from  nursery  duties,'  and  thereby 
having  more  time  to  devote  to  educational  duties.  There  is  the 
double  advantage  of  having  fewer  to  instruct,  and  those  of  an  age 
better  fitted  to  receive  and  be  benefited  bv  the  instruction  given. 

The  next  important  changes  are  embodied  in  the  italicized  words 
of  the  following  clauses  of  the  section : 

"  They  shall  establish  and  keep  in  operation  for  at  least  six 
months  in  each  year,  and  longer  if  practicable,  a  sufficient  number 
of  free  schools  for  the  proper  accommodation,  etc." 

These  changes  are  important,  as  showing  the  intention  of  the 
law  in  respect  to  the  duration  of  schools,  and  the  amvi  I  to 

be  provided.  It  is  a  common  supposition  that  the  spirit  as  well 
as  the  letter  of  the  law  is  satisfied  with  six  months'  school.  This 
is  an  error      The  term  of  six  months  is  to  be  regarded  only  as  the 


DISCUSSION   OF   AMENDMENTS.  85 

minimum,  as  the  least  duration  that  will  satisfy  the  requirements 
of  the  law.  The  whole  spirit  of  the  act  is  to  encourage  the  exten- 
sion of  the  terms  of  schools  to  a  longer  period,  whenever  the  cir- 
cumstances of  a  district  will  permit  it  to  be  done.  In  short,  while 
every  district  must  have  a  free  school  for  at  least  six  months,  it  may 
have  and  it  is  the  design  of  the  law  to  encourage  it  to  have,  as 
great  an  extension  as  practicable  beyond  that  term.  It  is  hoped 
that  the  time  is  not  distant  when  the  average  duration  of  school 
terms  will  not  be  less  than  seven  or  eight  months  in  each  year. 

But  the  intention  of  the  law  in  respect  to  the  number  and  char- 
acter of  school-houses,  and  their  furniture  and  other  fixtures,  is 
also  clearly  shown  by  the  above  clause  of  the  amendment.  Ar- 
rangements must  be  made  for  the  proper  accommodation  of  all  the 
school  children  of  the  district.  It  is  as  much  the  duty  of  school 
directors  to  provide  suitable  school-houses  and  enough  of  them,  as 
it  is  to  provide  any  school-houses  at  all.  They  are  not  to  presume 
that  it  is  immaterial  Avhether  their  school-houses  are  properly  fur- 
nished and  equipped  or  not,  provided  only  that  the  children  of  the 
district  can  in  some  manner  be  packed  or  stowed  away  in  them. 
They  are  under  solemn,  legal  and  moral  obligation  to  consult  the 
health,  comfort  and  convenience  of  the  children,  as  well  as  their 
bare  necessities,  in  all  their  school  arrangements.  They  have  no 
right  to  crowd  fifty  children  into  a  house  only  large  enough  for 
thirty ;  they  have  no  right  to  outrage  the  laws  of  health  in  the 
construction  and  arrangement  of  seats,  desks  and  other  fixtures. 
The  district  school-houses  of  the  state  should  be  among  the  most 
pleasant  and  attractive  buildings  in  the  community,  adapted  in  all 
respects,  to  the  noble  ends  contemplated  in  their  construction.  If 
one  school-house  is  not  sufficient  for  the  "  proper  accommodation  " 
of  all  the  children  of  the  district,  or  is  not  sufficiently  accessible 
to  all,  the  directors  must  build  another,  and  yet  another  if  neces- 
sary ;  and  when  a  school-house  ceases  to  be  suitable,  or  becomes 
too  small,  they  must  enlarge  and  improve  said  house,  or  dispose  of 
the  same  and  erect  another  that  shall  conform  to  and  fulfill  the 
conditions  prescribed  by  the  act. 

Directors  are  also  authorized  by  law  to  adopt  and  enforce  all 
necessary  rules  and  regulations  for  the  management  and  govern- 
ment of  the  schools.  The  authority  here  conferred  embraces 
whatever  measures  are  necessary  to  secure  regularity  and  punc- 
tuality of  attendance,  propriety  and  decorum  of  conduct  in  and 


86  DISCUSSION  OF   am i:\n.Mr.NTS. 

about  school  buildings,  prompl  obedience  to  every  lawful  require- 
ment of  the  teacher,  and  whatever  else  they  may  deem  i  ssential 
in  the  maintenance  of  discipline  and  good  order,  and  to  the  no* 
o-  in!  pro  eoution  of  study.  The  right  of  directors  to  make  all 
such  necessary  rules  and  regulations,  and  to  enforce  compliance 
therewith,  by  suitable  penalties,  is  clear  and  unquestionable.  It 
is  inherent  in,  and  inseparable  from  their  legal  and  official  relation 
to  the  schools,  ami  since  the  adoption  and  enforcement  of  salutary 
regulations  is  indispensable  to  the  welfare  and  efficiency  of  the 
schools,  it  is  not  only  their  right,  but  their  duty  to  make  and  en- 
force them  ;  and,  in  the  exercise  of  this  right  ;md  the  performance 
of  this  duty,  they  cannot  be  interfered  with  or  restricted,  except 
for  manifest  abuse  of  powers  granted  by  the  act,  or  unwarrantable 
assumption  of  authority  not  conferred. 

Directors  are  also  required  to  visit  and  inspect  the  schools  of 
their  district  as  often  as  practicable.  This  duty  is  too  much  neg- 
lected. Unfounded  complaints  against  the  teachers,  originating 
in  malice,  prejudice  or  idle  rumors,  could  often  be  corrected  at 
once  if  directors  would  visit  the  schools  and  see  for  themselves 
how  they  are  governed  and  conducted.  It  is  only  by  frequent 
visitation  that  directors  can  keep  themselves  informed  of  the  con- 
dition and  wants  of  the  schools,  and  allay  misunderstandings  and. 
asperities  as  they  arise.  The  occasional  visit  of  the  legal  guardi- 
ans of  the  schools  is  also  a  much  needed  and  salutary  encourage- 
ment to  both  teachers  and  scholars.  It  creates  and  maintains  that 
mutual  sympathy  and  confidence  between  teacher  and  directors, 
which  are  so  essential  to  success. 

Directors  are  also  authorized  to  direct  what  branches  of  study 
shall  be  taught,  what  text-books  shall  be  used,  and  to  suspend  or 
expel  pupils  for  disobedient,  refractory  or  incorrigibly  bad  con- 
duct. Uniformity  of  text-books,  in  the  schools  of  a  district,  is 
absolutely  indispensable.  Different  books  in  the  same  branch  of 
study  should  in  no  case  be  allowed.  Such  diversity  renders  clas- 
sification impossible ;  and  without  classification  there  can  be  no 
successful  teaching.  In  selecting  text-books,  directors  will,  of 
course  avail  themselves  of,  and  be  largely  governed  by,  the  su- 
perior judgment  and  experience  of  the  teacher.  But  uniformity 
must  be  insisted  upon,  and,  when  the  best  practicable  selections 
are  made,  they  should  not  be  changed  for  light  reasons.  Frequent 
change  of  text-books  is  a  serious  expense  and  a  source  of  much 


DISCUSSION   OF   AMENDMENTS.  87 

annoyance  and  irritation  to  parents  and  should  be  avoided.  An 
inferior  text-book  in  the  hands  of  a  good  teacher  is  better  than 
the  most  excellent  in  the  hands  of  a  poor  one.  Corroborative  of 
the  views  already  expressed  relative  to  the  disciplinary  powers 
vested  in  directors,  is  the  clause  conferring  upon  them  the  right 
to  suspend  or  expel  pupils  for  disobedient  or  refractory  conduct ; 
a  right  which  they  should  not  of  course  resort  to  except  in  ag- 
gravated cases  ;  but  the  exercise  of  which  may  become,  a  clear 
duty  from  which  they  must  not  shrink.  For  the  peace  and  har- 
mony of  an  entire  school  cannot  be  permitted  to  be  disturbed,  nor 
its  purity  to  be  contaminated,  by  the  incorrigible  conduct  or  bad 
example  of  a  single  scholar. 

The  only  remaining  amendment  to  this  section  which  it  is  nec- 
essary to  notice,  is  that  which  authorizes  the  directors  to  select 
and  locate  school-house  sites,  in  case  the  voters  of  the  district  fail 
to  agree.  It  is  presumed  that  they  will  rarely  be  called  upon  to 
exercise  the  discretion  thus  conferred,  but  exigences  have  arisen, 
and  will  undoubtedly  continue  to  arise,  when  the  exercise  of  the 
authority  here  conferred  will  be  in  the  highest  degree  beneficial  to 
the  interests  of  the  district ;  and  the  wisdom  of  the  legislature  in 
providing  for  such  contingencies  cannot  therefore  be  doubted. 

§  50.  I  shall  consider  the  provisions  of  this  section,  as  amended, 
under  the  following  heads : 

1.  Examination  of  Teachers. — Perhaps  the  most  difficult  and 
responsible  duty  devolved  by  law  upon  county  superintend- 
ents, is  that  of  determining  who  shall  be  the  teachers  of  our 
common  schools.  The  county  superintendent  stands  at  the 
gateway  of  every  public  school  in  his  county,  and  decides  who 
shall,  and  who  shall  not  enter.  Upon  the  manner  in  which 
he  scrutinizes  the  moral  and  intellectual  credentials  of  the  ap- 
plicant, depends  the  character  of  the  school  of  which  he  is  to 
become  the  teacher.  Certificates  are  to  be  granted  to  those 
only  who,  upon  due  examination,  are  found  to  possess  the  cpuali- 
fications  required  by  the  act.  The  superintendent  may,  indeed 
delegate  to  others  the  examination  of  teachers,  but  he  cannot 
delegate  or  alienate  the  just  accountability  to  which  the  law  holds 
him  for  the  manner  in  which  the  duty  is  performed.  Whether 
the  examination  is  in  person,  or  by  proxy,  the  responsibility 
of  licensing   none   to   teach  but   such   as  possess  the  character 


88  DISCUSSION  01     LMENDMENTS. 

and  attainments  prescribed  by  law,  rest*  upon  and  abides 
with  the  county  superintendent  He  can  iu  do  way  del< 
or  shake  off  thai  responsibility— il  follows  him,  and  attaches 
to  him,  irrevocably,  and  li<>l<ls  him  sternly  accountable  for 
tlir  consequences  of  his  action.  It  he  appoints  examine) 
must  know  thai  they  are  competenl  and  faithful ;  if  be  con- 
ducts the  examination  personally,  be  musl  1"-  patient  and 
thorough;  in  either  case,  and  under  :ill  circumstances,  he 
should  realize  that  he  will  be  arraigned  at  the  bar  of  the 
law,  of  public  opinion,  and  of  conscience,  for  willful  o<  . 
of  duty.  Every  certificate  issued  to  one  who  is  unworthy, 
either  mentally  or  morally,  to  receive  it,  is  doI  only  a  vio- 
lation of  law,  bul  is  a  direct  blow  at  the  heart  of  our  com- 
mon schools.  Such  a  certificate  is  an  official  license,  not  to 
elevate  ami  bless,  but  to  injure  and  degrade,  ami  it  may  he 
to  contaminate  ami  curse  the  schools  ami  the  community. 
Good  schools  cannot  he  taught  by  incompetent  teachers;  the 
moral  atmosphere  of  the  schools  cannot  he  kept  pure  by  pro- 
fane or  irreverent  teachers.  If  an  " undevout  astronomer  is 
mad,"  an  atheistic  ami  immoral  instructor  of  youth  is  a  mon- 
ster. It  is  by  no  means  a  self-evident  truth  that  poor  schools 
are  better  than  none;  they  may  he  bo  poor  as  to  be  a  great 
deal  worse  than  none.  It  is  truly  lamentable  that  the  num- 
ber of  thoroughly  qualified  te  ichers  is  so  small ;  ami  yet  the 
supply  of  such  is  not  so  much  less  than  the  demand,  as  many 
seem  to  suppose.  Teachers  of  at  least  fair  abilities  are  usually 
to  be  had,  if  called  for,  and  a  reasonable  compensation  is 
offered.  The  saddest  fact  is  that  such  teachers  are  in  so  little 
demand.  County  superintendents  can  do  much  to  correct  this 
state  of  things,  and  I  call  upon  them  to  do  so,  by  insisting,  to 
every  reasonable  ami  practicable  extent,  upon  the  full  measure 
of  ability  demanded  by  the  law.  They  should  strive  to  con- 
vince school  officers  and  parents  how  difficult  it  is  to  eradicate 
wrong  habits  of  study,  carelessness  and  inattention,  false  ideas 
of  facts  ami  principles,  from  the  tenacious  and  imitative  minds 
of  children,  when  once  implanted  by  sciolists  and  -ma'' 
and  pretenders  in  the  great  art  of  teaching;  and  that  it  is  far 
better  to  wait  till  a  good  and  safe  teacher  can  he  procured, 
though  at  a  greater  cost,  than  to  accept  the  services  of  any 
other,  at  any  price.     Not  more  difficult  is  it  to  bring  hack  the 


DISCUSSION    OF   AMENDMENTS.  89 

gnarled  and  distorted  oak  to  symmetry  and  beauty  again,  than 
to  remedy  the  effects  of  a  false  and  distorted  early  culture. 
By  all  the  interests  of  the  present  generation  and  the  hopes  of 
the  future ;  by  the  priceless  value  of  a  true  education,  and  the 
hopeless  mischief  of  a  false  one,  let  county  superintendents 
see  to  it  that  they  prove  not  recreant  to  the  high  trust  reposed 
in  them  in  the  examination  of  teachers.  Let  none  of  doubt- 
ful competency  be  appointed  examiners.  Practical  teachers, 
or  other  experienced  educational  men,  should  be  chosen  for 
that  duty  if  the  superintendent  is  unable  to  attend  to  all  him- 
self; and  the  extent  and  thoroughness  of  the  examination 
should  not  be  left  to  chance  or  caprice,  but  should  be  deter- 
mined beforehand,  and  a  definite  system  of  marking  and  just 
standard  of  excellence  should  be  agreed  upon,  so  that  the 
records  of  the  examination  may  enable  the  superintendent  to 
decide  upon  the  merits  of  the  candidate  before  granting  the 
certificate.  A  part  of  the  examination  should  also  be  written, 
in  which  case  an  inspection  of  that  portion  of  the  candidate's 
work  will  greatly  assist  the  county  superintendent  in  forming 
a  correct  judgment  of  the  mental  habits  and  proficiency  of  the 
candidate. 

In  an  experience  of  four  years  as  county  superintendent,  I 
found  it  best  to  combine  the  two  methods  of  examination,  oral 
and  written.  Each  has  its  advantages  ;  methods  of  teaching, 
skill  in  expedients,  aptness  in  illustration,  etc.,  can  be  best 
brought  out  by  the  oral  method;  while  habits  of  thinking  and 
modes  of  reasoning,  proofs  of  discipline  and  accuracy,  ac- 
quaintance with  principles,  and  general  availability  of  knowl- 
edge, etc.,  are  best  shown  by  the  written  method.  As  a  gen- 
eral rule,  the  poorer  the  attainments  of  the  applicant,  the  longer 
it  will  take  to  examine  him,  and  vice  versa.  The  reason  of  this 
is  obvious ;  there  are,  as  is  well  known  to  qualified  examiners, 
certain  comprehensive  questions  that  may  be  framed  in  rela- 
tion to  each  of  the  branches  mentioned  in  the  law,  upon  the 
manner  of  answering  which,  the  kind  and  degree  of  the  can- 
didate's proficiency  may  be  very  correctly  determined.  If 
these  are  answered  in  a  prompt,  methodical,  and  scholarly 
manner,  such  answers  necessarily  imply  a  thoroughness  of 
training,  and  a  mastery  of  principles,  that  justify  a  compara- 
tively brief  examination  of  details.     But  if  test  questions  of 


00  T)l><    I    JglOH     "I       \M!   \  I.MIA  I  9, 

this  character  are  not  -<>  answered,  a  protracted  examination 
upon  minor  points  is  usually  necee  ary ;  for  it  ii  by  no  means 
Bafe  or  just  to  oonclnde  thai  a  certificate  ii  to  be  refused  be* 
cause  tli"  applicant  is  not  versed  in  the  laws  of  generalization! 
or  in  the  uicer  pi  cientific  analysi  endently 

important  as  the  Latter  are.  A  person  may  be  found  worthy 
of  licensure,  upon  a  fair  estimate  of  average  ability  in  the  de- 
tails of  each  branch,  in  connection  with  good  teaching 
Bense  and  tact,  personal  and  social  qualities,  etc.,  who  would 
fail  if  tried  by  other  and  severer  tests.  The  aim  of  the  su- 
perintendent should  be  to  do  justice  alike  to  every  candidate, 
to  tin1  law,  and  to  himself. 

I  would  earnestly  impress  upon  county  Buperintendei 
sense  of  the  vital  importance,  and  of  the  delicacy  and  diffi- 
culty of  their  duties  in  connection  with  the  ezamination  of 
teachers.  This  duty  must  not  be  done  hurriedly  and  superfi- 
cially, hut  patiently,  fairly  and  searchingly.  It  requires  time; 
it  cannot  be  done  iu  a  few  minutes,  rarely  in  less  than  several 
hours.  But  be  the  time  required  in  any  given  case,  more  or 
le69,  take  all  the  time  that  is  necessary  to  a  faithful  and  thorough 
performance  of  the  work.  It  is  in  this  way  only  that  justice 
can  be  done  to  all,  the  intention  of  the  law  fulfilled,  and 
the  grade  of  qualifications  be  improved.  Let  examinations 
be  so  conducted  that  the  ignorant  and  conceited  shall  have  a 
wholesome  dread  of  them  ;  while  the  modest  and  deserving, 
on  the  other  hand,  shall  be  assured  that  no  injustice  will  be 
done  them. 

It  is  the  positive  duty  %of  the  superintendent  to  know  that 
none  but  the  qualified  receive  certificates.  The  fact  that  a 
teacher  already  has  one,  or  ten  certificates,  from  other  county 
superintendents,  does  not  constitute  such  knowledge  by  any 
means.  True,  it  should,  but  it  does  not;  it  is  presumptive 
onl}r,  not  conclusive.  The  qualifications  of  not  a  few  teachers 
have  proved,  upon  thorough  examination,  to  be  in  inverse 
ratio  to  the  number  of  former  certificates  held  by  them.  A 
familiar  maxim  of  the  law  must  be  reversed  in  the  case  of  can- 
didates for  licenses  to  teach — they  are  to  be  presumed  incompe- 
tent, until  the  contrary  is  proved.  In  the  light  of  these  consid- 
erations it  will  not  be  necessary  to  characterize  the  practice, 
should  such  exist,  of  granting  certificates,  by  letter,  to  parties 


DISCUSSION    OF   AMENDMENTS.  91 

wholly  unknown  to  the  county  superintendent,  upon  the  mere 
request  or  recommendation  of  third  parties,  equally  unknown 
to  him.  To  say  that  such  conduct  is  wrong — all  wrong— is 
no  name  for  it.  Nor  is  it  to  be  understood  that  certificates 
may  be  so  granted  when  both  parties,  the  applicant  and  the 
person  recommending  him,  are  well  and  favorably  known  to 
the  county  superintendent ;  in  no  such  way  can  the  letter  or 
spirit  of  the  law  be  fulfilled,  which  requires  that  certificates 
shall  only  be  issued  to  such  teachers  as  shall,  "upon  due  exami- 
nation by  himself  or  a  board  of  examiners  by  him  appointed, 
be  found  to  possess  the  necessary  qualifications."  To  grant 
certificates  by  letter,  without  seeing  the  candidate,  is  not  only 
to  decide  in  favor  of  the  applicant  without  "due  examination," 
but  without  any  examination  at  all — such  certificates  are 
issued  not  to  persons  "found  to  possess,"  but  to  those  who  are 
unwarrantably  presumed  to  possess  the  necessary  qualifications. 
It  substitutes  unauthorized  presumption  for  the  definite  and 
positive  personal  knowledge  required  by  law.  A  teacher's 
certificate  is  not  an  unmeaning  form,  but  an  authoritative 
declaration  by  the  county  superintendent,  that  the  holder  is 
worthy  of  the  confidence  of  school  directors,  parents,  and  the 
public.  It  is,  in  many  instances,  the  only  protection  or  safe- 
guard of  employers  and  the  public  against  imposition,  and 
hence  the  reputation  of  the  superintendent,  and  the  public 
welfare,  are  alike  concerned  in  seeing  that  the  manner  and 
circumstances  of  the  issue  are  above  suspicion. 

2.  Grades  of  Certificates. — By  the  amendments  to  this  sec- 
tion the  grades  of  certificates  authorized  to  be  issued  by  county 
superintendents,  are  reduced  from  three  to  two;  each  being 
valid  in  any  district  of  the  county  for  the  terms  of  one  or  two 
years,  respectively.  The  third  grade,  good  for  six  months,  in 
a  given  district  only,  is  abolished.  The  purpose  for  which 
that  grade  was  originally  established  having  been  subserved, 
it  is  meet  and  proper  that  it  should  now  be  dispensed  with. 
It  was  resorted  to  at  first  with  reluctance,  and  with  misgivings 
as  to  its  expediency.  It  was  created  to  meet  a  state  of  things 
which  it  was  hoped  would  not  long  continue,  and  was  never 
designed  to  be  permanent.  Whatever  differences  of  opinion 
may  have  existed  among  enlightened  educators  as  to  the  good 
or  ill  effect  of  the  third  grade  heretofore,  the  sentiment  in  fa- 


'.'2  DI8OU0SIOB    01     ami.m.mi.n  1 1, 

vor  of  the  change  in  the  law  bj  which  it  i-  now  di  carded  is, 
bo  faras  I  am  informed,  very  ananimous.     It  cannol  b   d<  nied 
that,  notwithstanding  the  end    ought  by  the  legislature,  in 
allowing  the  six  months'  certificate,  was  good,  it-  practical 
effect  in  1 1 1 : 1 1 1 s  instances  was  very  detrimental!     It 
have  been  regarded  by  many  county  superintendents  aea  con- 
venient asylum  provided  by  law  for  the  benefit  of  disappoii 
applicants  for  higher  honors;   to  sqothe   their  feelings  and 
mitigate  the  chagrin  of  a  total  failure;   and  hei 
men  and  women  have  found  refuge  in  the  third  s  rtifi- 

cate,  who  should  have  been  summarily  rejected,  and  who,  bat 
for  Buch  a  dernier  resort,  would  have  been  rejected,  to  the 
great  gain  ot  the  schools,  of  which,  by  a  mistaken  clemency,  they 
were  permitted  to  become  the  teachers.  Whatever  influence 
the  prospective  gain  or  loss  of  the  fee  for  a  certificate  may 
have  exercised  in  Buch  cases,  is  now  happily  removed  by  the 
wiser  provisions  of  the  act  as  amended — the  compensation  of 
the  superintendent  for  the  time  spent  in  the  examination  of 
teachers  being  not  only  enhanced,  hut  being  entirely  inde- 
pendent of  the  success  or  failure  of  the  applicant.  From, 
whatever  point  the  change  is  regarded,  it  is  believed  that  its 
effect  upon  the  schools,  and  upon  the  standard  of  qualifications 
of  teachers,  will  be  salutary. 

There  can  be  no  doubt  at  all  that  the  district  schools  of  the 
state  can  be  supplied  with  teachers  possessing  the  qualifica- 
tions demanded  by  the  law  as  revised;  and  if  in  rare  cases  it 
should  seem  otherwise,  it  will  still  be  far  better  to  meet  such 
special  exigencies  by  granting  a  second  grade  certificate  under 
a  liberal  construction  of  the  law,  than  to  continue  the  exist- 
ence of  a  provision  that  operates  as  a  perpetual  invitation  to 
incompetency.  As  before  remarked,  the  true  difficulty  is  not 
so  much  that  teachers  capable  of  sustaining  the  examination 
now  required  by  law  are  not  to  be  obtained,  as  that,  through 
mistaken  ideas  of  economy,  and  erroneous  views  of  the  na- 
ture of  education,  and  of  the  qualifications  essential  in  a  good 
teacher,  school  directors  arc  disposed  to  be  satisfied  with  cheap 
teachers  and  low  attainments  ;  not  realizing  that  poor  teachers 
and  schools  are  in  fact  in  the  long  run  inevitably  the  most 
costly,  because  the  true  work  of  education  cannot  be  per- 
formed by  such  teachers  and  in  such  schools,  and  must  there- 


DISCUSSION   OF   AMENDMENTS.  93 

fore  sooner  or  later  be  done  over  again,  if  it  is  ever  effectually 
done  at  all.  While,  therefore,  these  mistaken  views  and  ten- 
dencies exist,  and  the  law  itself  opens  the  door  for  the  accom- 
modation of  school  directors  who  entertain  them  by  providing 
for  licensure  of  those  not  properly  qualified,  it  is  obvious  that 
the  effect  must  be  to  exclude  from  the  schools  teachers  of  a 
higher  grade  of  attainments.  It  is  well,  therefore,  that  the 
law  itself  should  interpose  to  check  this  downward  tendency, 
and  necessitate  the  employment  of  a  better  order  of  teachers 
by  limiting  the  grades,  raising  the  standard,  and  thereby  ex- 
cluding the  notoriously  incompetent.  In  a  word,  recognizing 
the  fact  that  so  long  as  poor  and  cheap  teachers  can  lawfully 
be  employed,  such  teachers  will  continue  to  be  in  demand,  the 
amendment  strikes  at  the  root  of  the  evil,  by  declaring,  so  far 
as  legislation  can,  that  hereafter  the  competent  and  qualified 
only  shall  be  admitted  to  license ;  thus  anticipating  the  slow 
growth  of  public  sentiment  in  some  quarters,  and  forcing  a 
demand  for  an  order  of  teachers  which  might  not  otherwise 
have  existed  for  years.  It  remains  for  county  superintendents 
to  secure,  by  their  faithfulness  and  firmness,  the  good  poiuts 
which  this  reduction  of  grades  is  intended  to  promote. 

Since  the  different  grades  of  teachers'  certificates  must  be 
based,  not  upon  an  examination  in  different  branches  of  study, 
but  upon  different  degrees  of  excellence  in  the  same  branches, 
it  becomes  a  task  of  no  little  difficulty  to  indicate  with  any 
degree  of  minuteness  or  accuracy  the  extent  and  character  of 
the  examination  that  should  be  required  for  each  of  the  sev- 
eral grades.  It  must  be  left  mainly  to  the  wisdom  and  judg- 
ment of  the  superintendents.  But  it  is  very  desirable  to  have 
the  greatest  practicable  uniformity  in  the  standard  of  award 
for  each  grade,  and  to  this  end  the  following  general  outline  of 
principles  is  respectfully  suggested,  for  the  guidance  of  super- 
intendents and  examiners : 

First  Grade. — The  candidate  for  this  grade  should  be  able 
to  sustain  a  thorough  and  critical  examination  upon  all  the 
Subjects  named  in  the  act.  They  are  but  few.  It  would  seem 
that  less  could  not  be  required  of  a  person  who  aspires  to  a 
first  grade  certificate  than  a  thorough  acquaintance  with  these 
few.  But  this  thoroughness  is  shown,  not  alone,  nor  indeed 
principally,  by  mere  technical  knowledge.     It  should  be  the 


01  DISOU8BIOS     01      AMI.MiMI.M-. 

aim  to  make  the  examination  philosophical— so  to  frame  the 
que  tion    b    to  elicil  the  applicant's  knowledge  <  erning 

principles,  rather  than  unimportanl  details;  to  test  hi  acquaint- 
ance w'uli  the  general  truths,  the  broad  outlines  of  a  subject, 
rather  than  isolated  facts  and  barren  statistics.  Thus,  in 
geography,  for  example:  the  relation  of  the  earth  to  the  solar 
in;  the  causes  of  day  and  nighl  and  of  the  ;  the 

elements  of  mathematical  and  physical  geography,  such  as  the 
direction  of  the  principal  mountain  ranges, the  watei 
the  drainage  and  contour  of  continents,  the  oceanic  cun 
etc.;  a  dear  and  general  view  of  the  geography  of  the  whole 
world,  and  an  accurate  knowledge  of  that  of  the  United  States, 
should  be  deemed  ..t'  more  importance  than  the  population  of 
some  obscure  town  in  South  America,  or  the  length  of  a  tenth- 
class  river  in  Africa.  In  history:  a  clear  and  intelligent  state- 
ment of  the  causes  which  led  to  the  war  of  1812,  should  be  infi- 
nitely more  satisfactory  than  the  precise  number  of  balled  and 
wounded  at  the  battle  of  New  Orleans.  In  arithmetic :  a  lucid 
explanation  of  the  principles  of  decimals,  or  a  ready  and  ac- 
curate analysis  and  demonstration  of  the  rules  for  taking  the 
second  and  third  roots  of  numbers,  would  establish  a  claim  to 
scholarship  in  that  science,  which  the  failure  to  answer  some 
mere  technical  question  or  a  chance  error  in  the  performance 
of  a  given  example,  could  not  seriously  impair.  In  grammar: 
it  is  of  vastly  more  importance  that  the  applicant  show  a 
familiarity  with  sentential  structure,  and  especially  with  the 
history  and  development  of  the  English  language,  than  that 
he  be  able  merely  to  parse  a  given  word  according  to  gram- 
matical formula.  These  instances,  selected  at  random,  will 
serve  to  indicate  the  general  character  of  the  examination, 
and  what  is  meant  by  the  investigation  of  principles  instead 
of  details.  2sot  that  technical  knowledge  and  accuracy  of 
details  are  unimportant,  by  any  means,  but  simply  that  a  gen- 
eral knowledge  of  causes  and  principles  and  laws  is  more  im- 
portant. Especial  inquiry  should  also  be  made  as  to  the  can- 
didate's peculiar  aptitude  in  communicating  knowledge,  and  ability 
to  make  it  clear  to  the  pupil  by  lucid  explanations,  and  prompt 
and  pertinent  illustrations.  In  determining  the  claims  of  the 
candidate  for  this  grade,  it  would  also  be  proper  to  regard 
certain  points,  upon  which,  from  the  nature  of  the  case,  there 


DISCUSSION    OF   AMENDMENTS.  95 

can  be  no  formal  examination,  but  the  importance  of  which 
cannot  be  questioned.  Such  as  precision  and  clearness  of 
utterance,  propriety  and  purity  of  diction,  refinement  of 
manner,  genuine  dignity  of  character  and  bearing,  earnestness, 
conscientiousness  and  high-toned  morality.  It  is  thought  that, 
in  examinations  of  this  character,  far  too  much  stress  is  ordi- 
narily laid  upon  the  value  of  mere  scholarship.  The  technical 
and  scientific  acquirements  of  the  candidate  must  indeed  be 
respectable,  but  it  is  sincerely  believed  that  the  considerations 
just  referred  to  have  a  more  important  bearing  upon  the  ques- 
tion of  the  real  fitness  and  highest  success  of  the  teacher,  than 
perfection  of  scholastic  attainments  alone. 

Second  Grade. — To  secure  this,  the  candidate  should  exhibit 
a  fair  knowledge  of  all  the  branches  required  by  law,  but  the 
examination  may  be  conducted  in  a  more  technical  form,  with 
less  reference  to  comprehensive,  philosophical  principles,  and 
less  rigor  of  scrutiny  into  the  general  qualifications  enumer- 
ated above,  as  necessary  for  the  first  grade. 

County  superintendents  can  more  easily  apprehend  the  dis- 
tinction to  be  observed  in  the  line  of  examination  for  each 
grade  respectively,  than  I  can  define  it  in  terms.  Suffice  it  to 
say  that  the  examination  for  the  second  grade  may  be  con- 
ducted more  in  accordance  with  the  routine  of  the  books;  it 
may  deal  more  with  specific  details  and  less  with  fundamental 
principles  than  would  be  proper  for  the  first  grade :  Thus,  in 
orthography,  approved  ability  in  spelling  should  be  accepted 
though  not  accompanied  by  that  knowledge  of  the  powers  and 
classification  of  letters,  the  generic  rules  of  orthography,  and 
the  acquaintance  with  phonic  analysis  which  should  be  de- 
manded in  the  first  grade.  Again  :  in  reading,  proficiency  in 
the  art  rather  than  in  the  science  should  be  required  for  this 
grade.  If  the  candidate  is  able  to  read  any  ordinary  piece  at 
sight  with  a  reasonable  degree  of  intelligence,  force  and  ex- 
pression, it  may  properly  be  accepted,  though  he  may  not  be 
versed  in  the  higher  principles  of  rhetoric  nor  the  subtler 
laws  of  utterance;  and  so  of  each  of  the  other  branches.  In 
brief,  the  examination  for  this  grade  may  be  confined  more 
to  facts  and  extend  less  to  principles;  it  may  deal  more  with 
practical  ability  in  specific  directions,  and  less  with  theory  and 
abstract  investigation. 


96  DISCUSSION  03     \mi.Mi\ii.m-. 

I  am  aware  of  the  indefiniteness  of  these  suggestions,  but 
aothing  more  specific  seems  practicable  in  new  of  the  ex- 
treme diversity  of  circumstances  under  which  they  will  be  in- 
terpreted and  applied.  A  fixed  standard  of  examination  lor 
each  grade  conld  ool  be  carried  out  A  criterion  tint  might 
i  istained  in  one  county  or  section  of  the  state,  would  prove 
too  severe  for  another  county  or  portion  of  tip-  state.  A  rule 
thai  would  easily  admit  teachers  enough  for  the  whole  of  one 
locality,  would  effectually  exclude  those  of  another.  There 
are  irreconcilable  differences  in  the  ability  and  fidelity  of  su- 
perintendents; in  the  sentiments  of  the  people,  and  in  the 
number  and  competency  of  candidates.  In  these  circum- 
stances I  can  only  outline,  as  clearly  as  possible,  the  </ 
principles  that  ought  to  govern  in  the  examination  for  the  re- 
spective  grades,  leaving  much,  of  necessity,  to  the  intelligence 
and  discrimination  of  the  superintendents. 

The  general  effect  of  the  system  of  grading  in  elevating  the 
standard  of  qualification,  does  not  depend,  so  much  as  might 
be  supposed,  upon  having  an  absolute  rule  of  examination  and 
award.  Because  while  superintendents  may  differ  widely  as 
to  what  shall  constitute  fitness  for  the  first  grade,  they  will 
be  substantially  agreed  as  to  the  internals  between  it  and  the 
subordinate  grade,  or  the  relation  that  each  inferior  grade 
shall  bear  to  the  maximum  standard  which  each  superintend- 
ent adopts  for  his  guidance.  Thus  the  spur  of  emulation  will 
be  nearly  as  effective  in  the  one  case  as  in  the  other. 

This  duty  of  licensing  men  and  women  to  be  the  teachers 
and  guides  of  our  children — to  sustain  to  them  relations 
scarcely  less  intimate  and  controlling  than  those  of  parents 
themselves,  for  several  months  in  the  }*ear,  and  for  several  of 
the  most  critical  and  formative  years  of  their  lives,  is  one  of 
paramount  importance  and  responsibility ;  one  requiring  great 
judgment  and  prudence,  nice  discrimination,  honesty  and 
faithfulness.  It  should  always  be  performed  with  a  sincere 
regard  to  the  magnitude  of  the  interests  involved,  and  a  pro- 
found sense  of  just  moral  accountability  for  the  consequences  of 
haste,  indiscretion  and  thoughtlessness.  The  careless  flip- 
pancy, the  indecent  haste,  the  indifference,  the  recklessness 
even,  with  which  these  most  serious  matters  are  often  disposed 
of,  are  sad  indeed.     It  is  lamentable  to  think  that  an  intelligent 


DISCUSSION   OF   AMENDMENTS.  97 

people  can  commit  such  interests  to  such  unworthy  hands  as 
they  often  do.  Superintendents  cannot  be  too  firm  in  resisting 
the  importunities  of  candidates  for  certificates  of  high  grade, 
when  not  clearly  satisfied  that  such  grade  is  deserved.  The  ex- 
amination and  not  the  wishes,  friendship,  relationship,  or  pecuni- 
ary circumstances  of  the  applicant,  is  the  inexorable  rule  of  the 
law,  and  by  this  the  superintendent  must,  if  he  does  his  duty, 
be  governed,  with  uncompromising  fidelity.  It  is  no  real 
kindness  to  a  teacher,  to  give  him  a  certificate  above  the  grade 
of  his  actual  attainments  and  qualifications,  while  on  the  other 
hand,  it  is  in  violation  of  law,  and  utterly  subversive  of  the 
ends  contemplated  in  the  provision  for  different  grades — 
namely,  the  elevation  of  the  standard  of  qualifications  and  a 
just  discrimination  between  the  better  and  poorer  qualified. 
A  candidate  who  is  fit  to  receive  any  certificate,  will  not  ask  or 
take  one  of  a  higher  grade  than  he  is  found  to  be  honestly  en- 
titled to.  Such  a  man  will  be  willing  to  begin  where  his 
competency  is  unquestionable,  and  bravely  strive  to  earn  a 
higher  grade. 

Among  the  conditions  required  by  law  is  "good  moral  char- 
acter." Let  this  not  be  a  mere  form,  to  be  practically  ignored 
or  lightly  slurred  over.  It  is  a  peremptory  demand  of  the  law, 
of  the  schools,  and  of  society,  and  should  be  inquired  into  by 
the  superintendent,  where  the  applicant  is  unknown  to  him, 
with  no  less  rigor  of  scrutiny  than  that  exercised  in  ascertain- 
ing his  fitness  in  other  respects.  The  question  of  character 
should  always  be  the  first  considered,  and  until  it  is  satisfac- 
torily disposed  of,  the  superintendent  should  refuse  to  go  a 
step  further.  Great  mistakes  have  been  made  in  this  matter. 
Moral  monsters  have  been  quartered  upon  unsuspecting  dis- 
tricts, the  contamination  and  havoc  of  whose  example  and 
influence  cannot  be  thought  of  without  a  shudder.  It  is  dif- 
ficult, if  not  impossible,  to  know  in  some  cases,  that  the 
candidate  is  worthy  in  this  respect.  But  for  this  very  reason, 
because  it  is  so  difficult,  and  because  the  consequences  of  seri- 
ous error  here  are  so  fearful,  the  greater  care  is  needed. 

But  little  change  is  made  in  the  record  of  the  examinations 
required  to  be  kept  by  county  superintendents.  The  chief 
point  to  be  noticed  is  that  a  separate  record  is  to  be  kept  of 

male  and  female  teachers   examined;  the  law  requires  no 

7 


98  I'I-i    t    --l<  •'•     01     AMIIM'MI.NTB. 

record  of  Buch  u  fail  to  receive  certificates.  The  record  hen 
required  is  of  much  importance,  and  may  prove  of  inestimable 

value  for  future  reference.  County  superintendents  are  en- 
joined t"  a  faithful  performance  of  this  duty,  and  to  Bee  that 
toe  record  is  kept  in  a  well  bound  book,  properly  ruled  and 
headed  for  the  purpose.    The  form  given  in  tie  rery 

simple,  and  it  will  require  but  very  little  time  to  make  the- 
Bary  entries.     To  insure  accuracy  a  proper  memorandum 
should  1)0  made  immediately  after  the  results  of  each  exami- 
nation are  determined. 

3.  State  Certificates. — By  this  section  as  amended  a  very  im- 
portant change  is  made  in  the  manner  of  granting  state  cer- 
tificates. Heretofore  it  was  competent  for  the  state  superin- 
tendent to  grant  such  certificates  at  his  individual  option,  if 
he  thought  proper  so  to  exercise  the  authority  vested  in  him. 
by  law.  By  the  change,  "state  certificates  shall  only  be 
granted  upou  public  examination,  of  which  due  notice  shall 
be  given,  in  such  branches  and  upon  such  terms  and  by  such 
examiners,  as  the  state  superintendent,  and  the  principal  of 
the  normal  university,  may  prescribe." 

The  object  of  this  modification  is  to  invest  the  issue  of  the 
highest  professional  diploma  known  to  the  law,  with  Buch  as- 
surances of  fairness  and  impartiality,  and  such  safeguards 
against  the  possibility  of  abuse  as  shall  challenge  the  respect 
and  secure  the  confidence  of  the  profession  and  the  public. 
There  is  a  manifest  propriety  in  associating  the  head  of  the 
normal  university  with  the  practical  development  of  this  fea- 
ture of  the  school  law,  since  he  is  placed  at  the  head  of  the 
state  institution  for  the  training  of  teachers,  and  is  therefore 
identified  with  whatever  has  for  its  object  the  promotion  of  a 
professional  spirit  in  the  great  bod}-  of  teachers  and  the  recog- 
nition of  their  claim  to  the  rank  of  a  profession.  The  best 
results  are  anticipated  under  the  operation  of  these  modified 
provisions  of  this  important  feature  of  the  system. 

4.  English  Schools  contemplated  b>/  the  Act. — This  section  as 
amended  is  expressly  declarative  of  the  kind  of  schools  author- 
ized to  be  established  under  the  act.  Every  school  so  estab- 
lished must  be  for  instruction  in  the  various  branches  of  an 
English  education,  and  no  school  funds  can  be  appropriated 
under  this  act  for  any  other  class  or  description  of  schools. 


DISCUSSION   OF   AMENDMENTS.  99 

These  declarations  are  unmistakable  and  emphatic;  they  in- 
dicate the  true  American  idea  of  public  education,  which  is 
not  to  foster  and  continue  differences  of  dialect  and  nation- 
ality, but  to  break  down  all  such  distinctions,  to  blend  and  fuse 
all  the  elements  of  our  population  into  one  homogeneous 
whole,  and  to  mould  all  our  youth  in  harmonious  unity,  upon 
the  broad  basis  of  a  common  nationality.  Hence  the  educa- 
tion to  be  given  in  our  schools  must  not  be  German  or  French, 
but  English;  English  ideas  are  to  pervade  and  animate  it 
through  and  through.  The  eye  of  our  legislators,  in  framing 
this  noble  system,  was  upon  the  future  as  well  as  the  present; 
the  grand  idea  was  before  them  of  preparing  the  thousands 
that  should  come  among  us  from  year  to  year,  for  the  high 
duties  of  American  citizenship. 

The  idea  of  the  law  is,  that  the  common  medium  of  com- 
munication shall  be  the  English  language  and  no  other.  !N"o 
matter  what  the  nationalities  or  languages  of  the  pupils  may 
be,  the  instructions  of  the  teachers  must  be  imparted  through 
the  English  language  and  no  other.  A  departure  from  this 
rule  works  the  forfeiture  of  the  public  funds  by  the  express 
terms  of  the  law  itself. 

But,  lest  the  foregoing  provisions  should  be  misunderstood 
or  misapplied,  this  section  closes  with  the  proviso,  that  noth- 
ing therein  contained  shall  prevent  the  teaching  in  common 
schools' of  other  and  higher  branches  than  those  specified.  By 
this  proviso  all  necessary  latitude  is  given  for  the  introduction 
into  our  common  schools  of  such  additional  or  higher  branches, 
whether  of  language  or  mathematics,  etc.,  as  may,  in  given 
circumstances,  be  deemed  advisable.  It  will  thus  be  seen  that 
while  the  German  and  other  foreign  languages  cannot  be  made 
the  teaching  language,  or  medium  of  communication  in  our 
schools,  yet  they  may  be  introduced  and  taught  to  any  neces- 
sary extent  through  the  medium  of  the  English;  the  same  as 
the  Latin,  or  Greek,  or  other  additional  branches  are  taught; 
and  so  far  from  intending  to  discountenance  the  teaching  in 
our  public  schools  of  modern  languages,  especially  the  grand, 
rich  old  German  tongue,  I  would  earnestly  encourage  the 
teaching  of  that  language  whenever  circumstances  will  admit, 
and  expediency  recommend  the  same  to  be  done.  In  like 
manner,  under  the  wise  and  liberal  provisions  of  this  section, 


100  Dtt<  I  B8IOH    <>r    ami.m.mi  N  i  |. 

high  schools  may  be  established  in  connection  with,  and  as  a 
pari  of  "Hi-  system  of  public  schools,  with  ;i  coarse  of  instruc- 
tion as  extended  and  raried  as  the  best  interests  of  the  com- 
munity may  require. 

§  51.  By  this  section,  as  amended,  it  is  made  tin'  duty  of 
county  superintendents  to  hold  at  leasl  four  public  examina- 
tions annually,  for  teachers  desiring  certificates,  on  such  days 
and  at  such  different  points  in  their  respective  counties  as  will, 
in  their  estimation,  best  accommodate  those  concerned.  It  is 
not  meant  by  the  term  "quarterly,"  that  the  four  public  ex- 
aminations Bhould  be  held  successively  at  tin-  precise  interval 
of  three  months.  The  intention  of  the  law  is  -imply  t 
quire  that  there  shall  not  be  less  than  tour  public  examinations 
in  each  year;  the  precise  time  of  each  being  left  to  the  dis- 
cretion of  the  county  superintendent,  having  in  view  the 
convenience  and  accommodation  'of  the  largest  number  of 
teachers.  It  is  plain,  from  tho  language  of  the  law,  that  in 
all  large  counties,  more  than  one  place  should  be  designated 
for  the  holding  of  such  examinations ;  they  are  to  be  held  "on 
such  days  and  at  such  places  in  their  respective  counties  as 
will,  etc."  The  superintendents  of  large  counties  should  not 
require  the  attendance  of  all  applicants  for  certificates  at  the 
county  seat,  or  wherever  their  respective  offices  may  be  ;  this 
would,  in  many  instances,  impose  an  unreasonable  burden  of 
time  and  expense  upon  candidates.  It  must  be  noticed  that 
the  convenience  of  the  greatest  number  of  persons  desiring 
examination,  and  not  the  convenience  of  the  county  superin- 
tendents, is  the  rule  which  should  govern  in  the  designation 
of  times  and  places.  Superintendents  receive  compensation 
for  the  services  required  by  this  section,  and  they  must,  if 
necessary,  subordinate  their  own  convenience  to  that  of  the 
teachers  of  the  county.  Under  a  former  section,  county  su- 
perintendents are  authorized  to  delegate  the  authority  vested 
in  them  for  the  examination  of  teachers  to  a  board  of  exam- 
iners, to  be  by  them  appointed.  While  the  appointment  of 
such  examiners  in  some  instances,  as  in  the  case  of  large  and 
populous  counties,  etc.,  may  be  necessary,  yet  this  important 
duty  should,  as  far  as  possible,  be  performed  by  the  superin- 
tendent in  person.     There  can  be  no   objection   to   having 


DISCUSSION   OF   AMENDMENTS.  101 

experienced  educational  men  present  at  the  examinations,  nor 
to  their  assisting  superintendents  in  their  duties  on  such  occa- 
sions ;  on  the  contrary,  the  presence  and  co-operation  of  such 
persons  is  desirable.  But  what  I  would  earnestly  urge  is  that 
county  superintendents  should  themselves  always  be  present, 
and  superintend  the  examination  of  teachers.  The  object  of 
the  law  in  requiring  a  certain  number  of  public  examinations, 
is  primarily,  that  teachers,  and  all  others  interested,  may  have 
due  and  timely  notice  of  the  times  and  places  where  such 
meetings  will  be  held,  that  they  may  make  their  arrangements 
and  govern  themselves  accordingly.  Others  beside  the  candi- 
dates have  an  interest  in  such  examinations,  and  may  desire 
to  attend  them.  This  is  particularly  true  of  the  directors  and 
citizens  of  the  particular  districts  where  the  applicants  may 
propose  to  teach,  in  order  that  they  may  see  and  hear  for 
themselves,  and  be  thereby  the  better  enabled  to  judge  of  the 
abilities  and  qualifications  of  the  persons  whom  they  propose 
to  employ.  The  four  examinations  required  by  law  must 
therefore  be  strictly  public — open  to  all  who  may  choose  to  at- 
tend. It  is,  however,  to  be  distinctly  understood  that  the 
number  of  public  examinations  that  may  be  held  is  not  lim- 
ited to  four;  that  is  merely  the  minimum  number,  required  by 
law.  Superintendents  may  hold  as  many  more  public  exami- 
nations as  they  choose;  they  may  hold  them  monthly,  or  even 
often er,  if  deemed  expedient ;  or  they  may  insist  that  all  ex- 
aminations held  by  them  shall  be  open  and  public,  if  in  their 
estimation,  the  best  interests  of  education  would  thereby  be 
promoted. 

On  the  other  hand,  it  is  not  to  be  understood  that  private 
examinations  of  teachers  are  meant  to  be  interdicted  by  this 
section  as  amended.  Special  cases  or  emergencies  may  occur 
when  private  examinations  should  be  granted.  But  while  the 
liberty  of  private  examinations  is  not  withdrawn  by  the 
amendment,  it  is  recommended  that  all  examinations  be  pub- 
lic, unless  very  good  reasons  exist  in  favor  of  a  contrary 
course.  Many  strong  considerations  might  be  urged  in  favor 
of  this  recommendation.  It  is  well  known  to  the  experienced, 
that  public  examinations  are  in  almost  all  cases  more  thorough, 
impartial  and  satisfactory  than  private  ones.  The  superin- 
tendent himself  is  less  liable  to  be  affected  by  feelings  of  sym- 


102  Discussion  01  am 

pathy;  and  in  case  of  marked  disparity  in  the  attainments  of 
the  respective  candidates,  those  sustaining  the  pooresl  exami- 
nation will  themselves  be  able  to  compare  their  attainm<  ats 
with  those  of  the  remainder  of  the  class,  and  thus,  in  case  of 
failure  to  obtain  a  certificate,  will  the  more  readily  acquiesce 
in  the  decision  of  the  superintendent,  seeingthe  ground  opon 
which  it  is  based.  Another  consideration  in  favor  of  public 
examinations  is  found  in  the  faet  that  it  effectually  prevents 
charges  of  favoritism  or  partiality,  which  arc  sometimes 
broughl  against  superintendents,  however  groundless  or  un- 
just such  charges  may  be. 

Notices  of  all  public  examinations  must  be  given  for  a  suffi- 
cient length  of  time,  by  publication  in  at  least  one  newspaper 
of  general  circulation  in  the  county.  In  counties  having  no 
local  newspaper,  the  intention  of  the  law  would  be  satisfied  by 
giving  such  notices  through  the  medium  of  handbills,  posters, 
or  circulars,  to  be  generally  distributed  throughout  the  county. 
The  expense  of  such  publication,  in  whatever  form  made,  is 
to  be  paid  out  of  the  school  fund. 

The  fee  for  teachers'  certificates  is  abolished.  The  exaction 
of  a  fee  from  a  teacher  for  his  certificate  has  always  been  re- 
garded as  wrong  in  principle  and  bad  in  effect;  wrong  in 
principle,  because  if  any  fee  is  allowed  it  should  not  be  paid 
by  the  teacher;  and  bad  in  its  influence,  because  it  brings  to 
bear  upon  the  superintendent  motives  to  a  favorable  judgment 
of  the  candidate's  qualifications  from  which  that  officer  should 
be  wholly  exempt.  Under  the  law,  prior  to  its  amendment,  it 
was  hard  for  the  best  and  most  upright  county  superintendents 
in  the  state,  not  to  be  affected  to  some  extent,  consciously  or  un- 
consciously, by  considerations  of  the  pecuniary  consequences 
to  them  of  the  success  or  failure  of  the  candidate;  and  even 
where  the  superintendent  was  absolutely  free  from  the  slightest 
bias  of  that  kind,  it  was  not  unfrequently  difficult  or  impos- 
sible to  convince  the  public  of  that  fact.  In  every  aspect  of 
it,  therefore,  whether  we  regard  what  is  due  to  the  teacher  or 
the  independence  and  freedom  of  the  examiner,  the  amend- 
ment is  a  good  one;  coupled  as  it  is  with  the  more  liberal 
policy,  adopted  in  another  part  of  the  act,  in  respect  to  the 
compensation  of  the  superintendent.  The  prohibition  as  to 
fees  applies  to  all  certificates,  whether  grauted  at  public  or 


DISCUSSION    OF   AMENDMENTS.  103 

private  examinations.  It  is  the  duty  of  county  superintendents 
to  keep  on  hand  a  supply  of  blank  certificates,  to  be  filled  out 
from  time  to  time  as  required;  and  the  cost  of  such  blanks 
may  be  paid  out  of  the  school  fund. 

It  is  a  singular  omission  of  the  law  that  it  makes  no  provision 
for  an  office  for  the  county  superintendent.  The  position 
of  superintendent  is  an  important  one,  and  yearly  becoming 
more  so;  his  business,  educational,  financial  and  general,  is 
very  extensive,  bringing  him  into  official  relations  with  many 
persons  from  all  parts  of  the  county;  and  yet  his  pay  has  been 
so  meagre  that,  in  the  absence  of  any  legal  provisions  on  the 
subject,  he  has  been  compelled  to  keep  his  records,  receive 
visitors,  and  transact  all  his  official  business  at  his  private 
residence,  or  such  other  casual  place  as  he  was  able  to  pro- 
cure. It  is  true  that,  in  some  counties,  rooms  have  been 
furnished  in  the  court-house  or  other  public  buildings  free  of 
expense,  but  as  a  general  rule  no  such  accommodation  has 
been  extended  to  him,  and  he  has  been  obliged  to  get  along 
as  best  he  could.  Not  only  has  this  state  of  things  subjected 
the  county  superintendent  and  his  family  and  the  public  to 
great  inconvenience,  but  it  has  also,  in  many  instances,  im- 
periled the  safety  of  the  notes,  bonds,  mortgages  and  other 
evidences  of  indebtedness,  together  with  valuable  papers  and 
records  of  which  the  county  superintendent  is  the  legal  custo- 
dian. This  state  of  things  could  not  have  been  contemplated 
or  intended  by  the  legislature.  The  office  of  county  superin- 
tendent should  be  as  well  known,  and  as  accessible  to  the 
public,  as  that  of  any  other  county  officer;  he  should  not  be 
compelled  to  transact  his  public  business  in  some  out-of-the- 
way  place,  nor  to  use  any  portion  of  his  private  residence  for 
the  public  service.  Whenever  the  residence  of  the  superin- 
tendent will  admit,  he  should  have  an  office  at  the  county  seat, 
or  if  not  there,  in  the  nearest  large  town,  and  he  should  cause 
it  to  be  publicly  understood  where  his  office  is,  and  when  he 
can  be  found  there  for  the  transaction  of  public  business. 
Holding  these  views  to  be  self-evident  and  essential  to  the 
public  good,  and  not  incompatible  with  the  spirit  and  intent 
of  the  law,  county  courts  and  boards  of  supervisors  are  re- 
spectfully requested  to  make  provision,  by  appropriation  or 
otherwise,  for  suitable  offices  for  county  superintendents.     It 


I'll  DIH<    I   B0IOM    Of    A.MI.M'.MI.NTB. 

id  macb  better  thai  thii  should  I"-  done  bj  the  county  authori- 
who  undoubtedly  have  the  same  right  to  provide  office 
accommodationi  for  county  superintendent!  of  ichoo 
sheriffs,  county  clerks,  <>r  any  other  county  officer.  Bui  if  the 
county  authorities  decline  or  neglect  to  ac1  in  the  matt<  r,  then 
the  superintendents  themselves  are  hereby  authorized  to  pro- 
cure suitable  offices  and  office  accommodations,  and  \>>  defray 
the  necessary  expenses  oul  of  the  school  fund  of  the  county. 
The  strictesl  economy  musl  be  observed  by  superintendents 
acting  under  this  authority.  No  unnecessary  or  unreasonable 
expense  is  to  be  incurred;  but  whatever  is  necessary  in  the 
premises,  may  bedone;  foril  is  absolutely  essential  tl 
officers  should  have  appropriate  facilities  for  the  transaction  of 
their  public  business,  and  the  orderly  arrangement  and  safe 
Custody  of  their  books  and  papers. 

§  54.  In  considering  the  amendments  to  this  section,  at- 
tention is  first  called  to  the  very  just  provision  for  the  pro- 
tection of  teachers  after  the  delivery  of  their  schedules  to 
the  directors.  Heretofore,  in  case  of  the  loss  of  schedules 
after  such  delivery,  or  the  failure  of  the  directors  to  place 
them  in  the  hands  of  the  township  treasurer  within  the'  time 
fixed  by  law,  teachers  were  practically  without  remedy;  in 
some  instances  incurring  the  loss  of  the  entire  amount  due, 
and  in  others  being  compelled  to  wait  six  months  or  more  for 
their  pay,  besides  being  subjected  to  great  inconvenience  and 
expense.  By  this  amendment  teachers  are  authorized  to  de- 
mand, and  directors  are  required  to  give,  receipts  for  schedules, 
on  their  delivery  by  the  former  to  the  latter,  and  director-  are 
made  personally  liable  for  any  loss  sustained  by  the  teacher, 
through  their  failure  or  neglect  to  dispose  of  schedules  coming 
into  their  hands,  according  to  law.  The  receipt  of  the  direct- 
ors is  conclusive  evidence  against  them,  and  in  favor  of  the 
teacher.  This  provision  is  not  founded  in  any  distrust  of  the 
integrity  of  school  directors,  but  is  simply  a  plain,  business 
matter,  necessary  to  the  protection  of  teachers,  and  infringing 
upon  no  right  or  privilege  of  the  director.  The  certified 
schedule  of  the  teacher  represents  a  money  value,  upon  sur- 
rendering which  it  is  proper  that  he  should  receive  a  tangible 
voucher;  said  schedule  is  the  evidence  upon  which  he  relies 


DISCUSSION   OF   AMENDMENTS.  105 

for  the  proceeds  of  his  labor.  Where  losses  have  occurred, 
through  failure  of  directors  to  file  the  schedule  with  the  town- 
ship  treasurer  in  time,  it  is  no  doubt  in  almost  all  cases  to  be 
attributed  to  inattention  or  inadvertence,  and  not  to  any  pur- 
pose of  defrauding  the  teachers ;  but,  whatever  the  cause,  the 
right  of  the  teacher  to  redress  is  not  diminished.  Should 
losses  of  this  kind  hereafter  occur,  it  will  be  the  fault  of  the 
teacher  in  neglecting  to  avail  himself  of  the  security  here  pro- 
vided. 

The  rights  of  teachers  are  further  protected  by  the  declara- 
tion contained  in  this  section  that  their  schedules  are  legally 
due  and  payable  on  the  first  Mondays  of  April  and  October  of 
each  year,  and  that  all  balances  remaining  due  and  unpaid 
after  said  dates  respectively,  shall  draw  interest  at  the  rate  of 
ten  per  cent,  per  annum,  until  paid. 

This  legislation  is  an  act  of  simple  justice,  all  the  more  wel- 
come because  so  tardy,  toward  a  most  deserving  class  of  men 
and  women.  Whatever  opinions  may  be  entertained  to  the 
contra^  by  the  uninformed,  the  prejudiced,  or  the  unthinking, 
it  is  unquestionably  true  that  well  qualified  and  faithful  teachers 
are  poorer  paid  in  proportion  to  the  talents  required,  the  labor 
performed  and  the  good  done,  than  any  class  of  persons  in  the 
commonwealth.  I  speak  of  well  qualified  and  faithful  teachers, 
and  am  sure  that  the  foregoing  statement  in  regard  to  them  will 
not  be  denied  by  any  candid  and  intelligent  person.  The 
school  laws  of  this  and  other  states  have  been  framed,  appar- 
ently, with  a  singular  unmindfulness  of  the  pecuniary  rights 
of  teachers,  and  it  is  a  subject  of  sincere  congratulation  that 
so  important  a  step  has  been  taken  in  the  right  direction,  by 
our  legislature.  The  files  of  this  office  show  innumerable  in- 
stances of  long  and  vexatious  delays,  and  other  wrongs  and 
hardships  endured  by  teachers  in  obtaining  payment  for  ser- 
vices rendered,  in  consequence  of  the  lack  of  necessary  legal 
provisions  in  their  behalf.  In  hundreds  of  instances  they  have 
been  obliged  to  wait  for  months,  and  not  unfrequently  for 
years,  for  the  settlement  of  their  claims,  and  at  last,  after  be- 
ing deprived  so  long  of  their  just  dues,  have  been  compelled 
to  accept  the  principal  only,  without  any  interest  at  all,  as  a 
partial  compensation  for  the  delay  and  deprivation.  Hereafter, 
the  moment  a  schedule  is  audited  by  the  trustees,  in  April  or 


10G  DISCUSSION    OF    AMI.\I>.Mi:VT9. 

( October,  and  filed  with  the  treasurer,  it  commences,  if  unpaid, 
and  any  balance  unpaid,  to  draw  interest  at  the  rate  of  ten  per 
cent,  per  annum  ;  and  to  the  prompl  liquidation  of  such  un- 
paid schedules,  or  any  unpaid  pari  thereof,  with  the  addition 
of  the  accrued  interest,  suhool  directors,  tru  rid  treas- 

urers, ar<'  enjoined  in  the  most  positive  terms.     Said  Data 
With  inter.  >t  as  aforesaid,  are  furthermore  declared  to  be  i>rc- 

ferred  claims  against  the  district,  and  must  be  paid  onl  of  the 
■first  moneys  coming  into  the  hands  of  the  township  treasurer, 
and  not  otherwise  specifically  appropriated. 

§  57.  The  important  change  in  this  section  is  the  legalizing 
of  loans  by  township  treasurers,  al  a  rate  of  interest  less  than 
ten  per  cent  per  annum,  in  cases  where  it  is  found  impossible 
to  obtain  ten  per  cent.  Trior  to  this  amendment  loans  at  a 
less  rate  than  ten  per  cent,  were  peremptorily  forbidden  ;  the 
language  was,  "the  rate  of  interest  shall  be  ten  per  cent,  per 
annum;"  and,  under  the  operation  of  that  prohibition,  vast 
amounts  of  the  principal  of  the  township  school  fund  have, 
during  the  past  few  years,  remained  idle  and  unproductive;  it 
being  found  impracticable,  in  many  portions  of  the  state,  for 
reasons  familiar  to  all,  to  invest  the  school  fund  at  ten  per 
cent.  All  former  provisions  in  respect  to  the  time  for  which 
loans  may  be  made,  the  amount  and  character  of  the  securities 
required,  etc.,  remain  unchanged,  with  the  exception  hereafter 
to  be  uoted ;  and,  with  the  law  as  it  now  stands,  township 
treasurers  will  understand  that  no  action  of  the  board  of  trus- 
tees is  necessary  to  authorize  them  to  loan  at  ten  per  cent 
That  being  the  maximum  rate  allowed  by  law,  treasurers  may 
continue  to  make  loans  at  that  rate  as  heretofore,  whenever 
practicable.  But  no  loans  can  be  effected  at  a  rate  of  interest 
less  than  ten  per  cent,  without  the  official  approval  of  the 
board  of  trustees.  Whenever  the  township  treasurer  reports 
to  the  board  that  he  has  on  hand  a  portion  of  the  principal  of 
the  town  fund,  which  he  is  unable  to  invest  at  ten  per  cent., 
it  will  be  the  duty  of  said  board,  at  any  regular  or  special 
meeting,  to  fix  aud  determine  the  reduced  rate  at  which  said 
funds  may  be  loaned,  and  to  instruct  the  treasurer  according- 
ly;  and,  until  6uch  action  of  the  board  is  had,  the  township 
treasurer  cannot  assume  the  responsibility  of  accepting  a  less 


DISCUSSION    OF   AMENDMENTS.  107 

rate  of  interest  than  ten  per  cent.;  nor  can  any  rate,  less  than 
ten  per  cent.,  be  legally  determined  without  the  approval  of 
at  least  a  majority  of  the  board  of  trustees.  It  will  be  ob- 
served that  this  amendment  is  made  retroactive,  so  as  to  cover 
all  loans  heretofore  made  by  school  officers  in  accordance  with 
the  instructions  of  the  late  state  superintendent,  so  that  all 
loans  made,  under  such  instructions,  at  a  rate  of  interest  less 
than  ten  per  cent.,  are  therefore  legal  and  valid,  the  same  as 
if  made  under  the  provisions  of  the  amendatory  act.  As  the 
financial  troubles  of  the  country  have  mostly  ceased,  with  the 
close  of  the  war,  it  is  believed  that  it  will  not  hereafter  be 
difficult  to  make  all  loans  at  ten  per  cent. 

This  section,  as  amended,  also  authorizes  the  loaning  of 
township  funds  to  boards  of  school  directors,  taking  as  security 
district  bonds  made  and  issued  as  prescribed  in  the  forty- 
seventh  section  of  the  act.  Such  loans  can,  of  course,  only 
be  made  to  directors  in  their  corporate  capacity.  This  is  the 
only  change  made  in  respect  to  the  character  of  the  securities 
which  township  treasurers  are  authorized  to  receive  ;  and  it  is 
believed  that  the  exception  made  in  favor  of  boards  of  direct- 
ors will  subserve  the  public  interest  and  convenience  in  an 
eminent  degree.  Bonds  issued  by  school  directors  to  secure 
the  payment  of  money  borrowed  under  the  provisions  of  this 
section,  must  be  made  payable  to  the  board  of  trustees  of  the 
proper  township,  in  their  corporate  name  and  style.  As  the 
whole  taxable  property  of  a  district  is  virtually  pledged  for 
the  redemption  of  the  bonds  so  issued,  no  security  could  be 
more  ample  and  sure  ;  and  it  is  therefore  anticipated  that  this 
class  of  loans  wTill  soon  be  sought  by  township  trustees  in 
preference  to  others.  The  attention  of  township  trustees  is 
invited  to  the  expediency  of  discouraging  short  loans,  as  far  as 
practicable.  Loans  on  short  time  may,  of  course,  under  some 
circumstances,  be  necessary,  but  it  is  obvious  that,  other 
things  being  equal,  the  longer  the  period  for  wThich  loans  are 
made  the  greater  will  be  the  net  profits  to  the  township. 
Township  treasurers  are  required  in  the  most  express  terms, 
to  keep  the  principal  of  the  township  fund  constantly  at  in- 
terest; they  cannot  without  a  breach  of  obligation,  for  which 
they  are  liable  on  their  bonds,  keep  any  portion  of  said  prin- 
cipal on  hand,  if  in  their  power  to  loan  the  same,  at  any  rate 


108  DISCUSSION'    OF    A.Ml.Ninu.N  rs. 

of  interest  now  allowed  i,v  l.-.w.  The  question  lias  frequently 
been  submitted  to  this  department,  whether  township  funds 
may  be  invested  in  government  bonds,  or  in  war  bonds,  or 
other  bonds  issued  by  county,  township,  or  other  local  author- 
ities. The  only  answer  that  I  am  authorized  to  make  to  Buch 
inquiries  is,  thai  the  Bchool  law  does  not  authorize  Buch  in- 
vestments; the  section  of  the  ad  under  review  prescribes  the 
only  mode  and  conditions  of  loaning  school  funds. 

§   68.       Boards  Of  School    directors   have  been  much    enibar- 

rassed,  in  making  their  annual  estimates  for  school  ptirp 
from  not  knowing  the  actual   condition  of  their  respi 
counts  on  the  hooks  of  the  township  treasurer.     For  lack  of 
this  information  they  have  sometimes  caused  a  heavier  tax  to 

be  levied  than  was  necessary,  and  at  other  times  the  levy  made 
has  proved  too  small  for  the  current  expenses  of  the  .schools, 
and  thus  they  have  found  themselves,  at  the  end  of  the  term 
or  year,  without  the  expeeted  means  of  meeting  their  liabil- 
ities. In  some  instances  boards  of  directors  have  been  thus 
in  the  dark  in  regard  to  the  exact  condition  of  their  financial 
affairs  for  several  years  in  succession,  entailing  much  needless 
delay  and  perplexity  upon  them  and  their  creditors.  To  cor- 
rect this  state  of  things,  it  is  now  made  the  duty  of  township 
treasurers  to  settle  semi-annually  with  each  board  of  directors 
iu  their  respective  townships.  It  will  hereafter  be  the  right  of 
each  board  of  directors  to  demand,  and  the  duty  of  town-hip 
treasurers  to  furnish,  on  the  first  Mondays  of  April  and  Octo- 
ber of  every  year,  a  certified  written  statement  or  exhibit, 
showing  the  exact  condition  of  the  account  of  each  district, 
and  the  amount  of  funds  of  every  description  in  their  hands,  as 
shown  by  their  books  to  the  credit  of  and  belongiug  to  each  dis- 
trict respectively.  The  statement  here  required,  must  be  duly 
certified  and  signed  by  the  township  treasurer  in  his  official 
capacity,  and  will  furnish  a  safe  and  reliable  basis  upon  which 
the  directors  may  proceed  in  making  up  their  estimates,  and 
arranging  their  plans  for  the  support  and  continuance  of 
schools. 

§  66.  The  object  of  the  legislature  in  the  revision  of  this 
section  is  two-fold.  First:  To  define  what  shall  constitute 
the  permanent  principal  of  the  township  and  county  funds 


DISCUSSION    OF   AMENDMENTS.  109 

respectively,  and  to  forbid  the  distribution,  diminution,  or 
alienation  of  said  principal  or  any  part  thereof,  in  any  manner 
whatever;  and  Second:  To  require  the  regular  distribution  of 
the  entire  interest  and  proceeds  of  said  principals  respectively, 
and  to  forbid  the  carrying  of  said  interest,  rents  and  profits, 
or  any  part  thereof,  t*>  the  principal  of  the  respective  funds. 
These  objects  are  fully  accomplished  by  the  language  of  this 
section  as  amended,  since  it  removes  all  ambiguity,  and  effect- 
ually guards  against  the  error,  entertained  by  some,  that  a 
portion  of  the  interest  and  other  proceeds  annually  accruing, 
might,  under  some  circumstances,  be  considered  as  surplus 
and  added  to  the  principal  of  the  proper  fund.  The  law 
plainly  declares  that  the  entire  proceeds  accruing  from  the 
principal  of  the  county  and  township  funds,  must  be  regularly 
distributed  for  the  support  of  schools. 

§  67.  This  section,  as  amended,  prescribes  more  clearly 
than  before  the  rules  by  which  township  treasurers  are  to  be 
governed  in  paying  out  funds.  The  substance  of  the  whole 
section  is,  First :  That  no  funds  in  the  hands  of  township  treas- 
urers to  the  credit  of  districts  can  be  paid  out,  except  upon 
orders,  duly  drawn,  and  signed  by  the  directors  of  the  proper 
district,  or  by  their  president  and  clerk;  and  Second:  That, 
where  there  are  funds  in  the  hands  of  a  township  treasurer  to 
the  credit  of  a  district,  all  orders,  when  legally  drawn  and 
signed  by  the  proper  board  of  directors  or  its  officers,  as  afore- 
said, must  be  promptly  honored  and  paid.  Funds  coming  into 
the  hands  of  township  treasurers  for  the  benefit  of  districts,  are 
of  two  classes,  viz :  First:  the  interest,  rents,  and  profits  of  the 
township  fund,  and  the  state  and  county  fund  received  from  the 
county  superintendent;  Second:  funds  accruing  from  special 
taxes  levied  by  orders  of  school  directors,  and  funds  arising 
from  the  sale  of  property  belonging  to  school  districts.  The 
funds  embraced  in  the  former  class  must  pass  through  the 
hands  of  the  township  trustees,  and  be  by  them  apportioned 
to  the  respective  districts,  before  said  funds  become  subject  to 
the  order  of  the  directors.  The  funds  embraced  in  the  latter 
class  do  not  pass  under  the  control  of  the  township  trustees, 
and  are  not  subject  to  apportionment  or  distribution  by  them, 
but  are  paid  directly  to  the  township  treasurer,  to  be  by  him 


110  DISCUSSION    OF    LMENDXENTS. 

immediately  placed  subject  to  tlic  orders  of  tlic  proper  board  of 
directors. 

§71.  The  commissions  of  three  per  cent,  upon  the  amount  of 
sales  "t"  school  lands,  ami  of  two  per  cent,  upon  the  amount  of  au 
sums  paid  <>r  loaned  out  by  county  superintendents  for  the  support 
of  schools,  arc  not  changed  by  the  amendments  to  this  section  ; 
but  all  of  said  commissions  are  still  allowed  by  law,  and  may  l»c 
retained,  as  heretofore.  In  addition  t<>  said  commissions  for  -<11- 
ing  school  lands,  and  for  distributing,  paying  out,  'and  loaning 
school  funds,  county  superintendents  are  also  entitled  by  this  sec- 
tion ns  amended,  to  the  sum  of  three  [five]  dollars  per  day,  for 
any  number  of  days  not  exceeding  two  hundred  in  any  one  year, 
for  their  educational  services  as  county  superintendents.*  Among 
the  duties,  for  the  performance  of  which  it  is  the  intention  of  the 
law  to  authorize  county  superintendents  to  receive  the  per  diem, 
may  be  mentioned  the  following  :  visiting  and  superintending 
schools  ;  examining  teachers ;  orjxanizinjj  and  conducting  teach- 
ers'  institutes  ;  hearing  and  determining  complaints  and  controver- 
sies submitted  to  them  under  the  school  law ;  preparing  and 
tabulating  official  reports,  etc.  In  brief,  compensation  is  allowed, 
at  the  rate  of  three  [now  five]  dollars  per  day,  for  all  duties 
and  services  legitimately  connected  with  the  office  of  county  super- 
intendent, and  required  by  law  of  county  superintendents,  and 
performed  by  them  according  to  law ;  except  such  duties  and  ser- 
vices as  are  required  and  performed  in  connection  with  the  sale  of 
school  lands,  and  the  distribution,  loaning  and  paying  out  of  school 
funds.  For  these  latter  services,  compensation  is  provided  in  the 
form  of  commissions.  The  per  diem  account  is  to  be  rendered 
semi-annually,  and  must  be  certified  and  sworn  to  by  the  county 
superintendent ;  and  when  so  rendered,  certified  and  sworn  to, 
said  account  must  be  paid,  semi-annually,  from  the  county  treas- 
ury, as  the  accounts  of  other  county  officers  are  paid ;  mstead  of 
being  retained  from  the  school  fund  as  heretofore. 

The  law  does  not  fix  the  number  of  hours'  service  for  which  the 
per  diem  of  three  [five]  dollars  shall  be  received ;  but  the  nature 
of  the  service  to  be  rendered,  and  the  circumstances  under  which 
it  must,  in  most  cases,  be  performed,  are  such  as  to  warrant  the 

*  By  the  Act  of  February  28,  1867,  the  per  diem  is  increased  to  five  dollars,  for 
services  actually  rendered. 


DISCUSSION   OF   AMENDMENTS.  Ill 

conclusion  that  the  term  "  day,"  in  this  section  may  properly  be 
considered,  (in  case  the  point  is  raised),  as  identical  in  duration 
with  the  school  day  of  teachers,  and  as  generally  known  and  rec- 
ognized in  the  school  law,  namely,  six  hours.  The  correctness  of 
this  view  will  appear  from  the  fact  that  public  schools  are  in  ses- 
sion but  six  hours  a  day,  and  hence  a  county  superintendent  could 
not  spend  a  greater  length  of  time  in  school  visitation  in  any  one 
day,  while  his  claim  to  the  legal  per  diem  for  such  day's  visitation, 
is  unquestionable.  But  it  is  not  probable  that  the  technical  point 
of  what  constitutes  a  "  day,"  in  the  sense  of  this  statute,  will  be 
raised.  The  common  custom  of  the  country  in  such  cases  is  well 
understood,  and  will  govern,  unless  objection  is  made.  It  is  no 
argument  against  the  wisdom  and  justice  of  this  amendment  to  say 
that  there  may  be  county  superintendents  who  are  incompetent 
and  unfaithful,  and  who  cannot  or  will  not  earn  the  compensation 
allowed  by  law.  It  is  enough  to  reply  that  the  utter  insufficiency 
of  the  remuneration  heretofore  allowed,  has  been  a  principal  cause 
of  incompetent  superintendents,  if  such  there  are ;  and  that  the 
only  safe  and  just  rule  in  the  regulation  of  salaries  is  to  consider 
how  much  the  services  required  by  law  ought  to  command,  when 
such  services  are  ably  and  efficiently  performed ;  leaving  it  to  the 
people  to  see  that  the  right  persons  are  chosen  for  the  office. 

§  72.  The  commissions  of  township  treasurers  remain  un- 
changed, but  township  trustees  are  peremptorily  required  to  make 
a  suitable  allowance  to  their  treasurers,  annually,  for  their  clerical 
services.  This  provision  was  contained  in  the  old  law,  but  I  have 
reason  to  believe  tfiat  it  was  not  generally  complied  with.  It  is  now 
re-enacted  in  more  express  terms,  and  boards  of  trustees  are  en- 
joined not  to  neglect  to  set  apart  a  reasonable  sum  from  the  town- 
ship fund,  each  year,  as  a  compensation  for  the  services  rendered 
by  treasurers  as  clerks  of  their  respective  boards.  If  the  books 
and  records  are  kept  in  a  proper  manner,  (and  it  is  the  duty  of  the 
trustees  to  see  that  they  are  so  kept,)  the  time  and  labor  required 
of  treasurers  are  such  as  justly  to  entitle  them  to  a  liberal  com- 
pensation and  such  compensation  cannot  be  withheld  without  a 
plain  violation  of  law,  for  which  the  wrongad  party  has  redress. 

Whatever  doubt  may  have  existed  heretofore  in  respect  to  the 
claim  of  county  treasurers  to  a  percentage  upon  school  taxes  col- 
lected and  paid  over  to  them  by  county  or  township  collectors,  are 


L12  i'i  r  Of    LMEHDMBHTS. 

removed  by  the  provisions  of  thii  eotion,  ai  amended  ;  such  :i  per- 
centage cannot  Lawfully  !"•  claimed  or  retained  by  county  treasur- 
er! under  the  present  law  It  %%- ill  be  observed  that  icb  k>1  officers 
are  no  longer  exempt  from  lerving  on  juries ;  their  other  immuni- 
ties remain  m  before,  bul  they  will  hereafter  be  liable  to  duty  na 
jurors  in  ••uiiiis  of  record. 

§  82.    rrii»:  amendments  to  this  section  are  drawn  with  men 

I'liliM—  .nil I    care    as  to    leave    hut    little    to    he  BUppHed    by    H 

comment.  The  first  point  that  will  be  observed  is,  that  tl"-  line-, 
penalties  and  forfeiture!  reverting  to  the  school  Rind,  under  the  pro- 
visions of  this  section,  are  to  he  paid  to  the  school  superintendent 
of  the  county  in  which  sa'nl  fines,  etc.,  have  been  vmpoted  or  inr 
ourred  instead  of  the  superintendent  of  the  county  in  vrhich  they 
were  collected,  as  was  the  case  prior  to  the  amendment.  The  pro- 
priety of  this  change  is  ohvious,  since  the  place  of  collection  is  not 
always  identical  with  that  where  the  fine  is  imposed  or  the  forfeit- 
ure incurred,  and  it  is  plain  that  the  latter,  and  not  the  former, 
should  determine  the  county  superintendent  to  whom  the  money 
should  be  paid. 

Another  very  important  provision  is,  that  the  duty  of  enforcing 
the  collection  of  these  debts  .due  the  school  fund,  is  specially  de- 
volved upon  the  state's  attorney  of  the  respective  judicial  circuits, 
instead  of  being  left  to  the  county  superintendents,  as  heretofore. 
The  state's  attorney  is  familiar  with  the  forms  of  legal  proceed- 
ings to  be  instituted  ;  he  is  entitled  by  law  to  fees  and  commissions 
for  such  collections,  and  therefore  professionally  interested  in  en- 
forcing them,  and  hence  is  the  proper  officer  to  wliom  the  business 
sjiould  be  entrusted,  so  far  as  courts  of  record  are  concerned. 
Justices  of  the  peace  are  also  enjoined  to  enforce  the  collection  of 
all  fines  imposed  by  them,  and  the  officer  charged  with  the  collec- 
tion is  directed  to  pay  the  same,  wdien  collected,  to  the  school  su- 
perintendent of  the  county  in  which  said  fines  were  imposed. 

But  the  most  essential  provision  is  that  which  requires  clerks  of 
courts  of  record,  and  justices  of  the  peace,  to  report,  under  oath, 
to  the  proper  county  superintendent,  annually,  the  amount  of  fines, 
penalties,  and  forfeitures,  imposed  or  incurred  in  their  respective 
courts,  and  also  the  amount  collected,  together  with  the  names  of 
the  officer  or  officers  charged  with  the  collection  thereof,  under  a 
penalty  of  twenty-five  dollars  lor  each  failure  to  make  eiich  report. 


DISCUSSION   OF    AMENDMENTS.  113 

These  reports  will  furnish  county  superintendents  with  the  necessary 
information  and  data  upon  which  to  act,  the  lack  of  which,  under 
the  old  law,  rendered  its  provisions  practically  almost  a  dead  letter. 
Hardly  less  important  is  the  stringent  and  highly  penal  provision 
by  which  the  officer  having  collected  said  fines,  penalties  and  for- 
feitures, or  having  the  same  in  his  possession,  is  compelled  to  pay 
the  same  over  to  the  person  authorized  by  law  to  receive  them. 
The  penalty  for  each  default  is  double  the  amount  of  the  funds 
illegally  withheld.  The  kind  of  action  (qui  tarn)  by  which  the  for- 
feiture is  to  be  recovered,  is  the  one  best  adapted  to  secure  the 
end  in  view. 


LATEST  AMENDMENTS. 

Very  few  changes  were  made  in  the  school  law  by  the  last 
(25th)  General  Assembly :  they  are  all  embraced  in  the  following 
act: 

AN  ACT  to  amend  an  act  entitled  an  act  to  establish  and  maintain  a  system  of 
Tree  Schools  in  the  State  of  Illinois,  approved  February  16th,  1865.  [In  force 
February  28,  1867.] 

§  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois  repre- 
sented in  the  General  Assembly,  That  in  order  to  enable  county 
superintendents  of  schools  to  discharge  their  duties  with  greater 
efficiency,  they  shall  be  entitled,  in  lieu  of  the  per  diem  now 
allowed  by  law,  and  exclusive  of  commissions,  to  be  paid  semi- 
annually from  the  county  treasury  of  their  respective  counties,  as 
compensation  for  their  services,  the  sum  of  five  dollars  per  day  for 
services  actually  rendered :  Provided,  That  the  provisions  of  this 
section  shall  not  apply  to  Cook  county. 

§  2.  The  clerk  of  each  board  of  school  directors  shall  report 
to  the  township  treasurer  of  the  proper  township,  on  or  before  the 
first  Monday  of  October,  annually,  such  statistics  and  other  infor- 
mation in  relation  to  the  schools  of  their  respective  districts  as  the 
township  treasurer  is  bound  to  embody  in  his  report  to  the  county 
superintendent,  and  the  particular  statistics  to  be  so  reported  shall 
be  determined  and  designated  by  the  state  superintendent  of  pub- 
lic instruction. 

§  3.  When  a  school  is  composed  of  pupils  from  different  town- 
ships, the  teacher  shall,  in  all  cases,  be  paid  by  the  treasurer  of  the 
township  in  which  the  school  is  taught,  and  the  duty  of  collecting 
8 


HI  DISCUSSION     01       AMI.NhMI.M     . 

the  amount  dne  from  the  other  township  shall  devolve  upon  the 
directors. 

I.  All  returned  soldiers,  who,  during  the  late  war,  entered 
tin-  ;imii\  while  in  their  minority,  ihal]  I"-  allowed  to  attend,  6 i le, 
any  public  school  in  the  district!  where  they  several!)  reside,  for 
:i  time  equal  to  the  portion  of  their  minority  spent  in  the  military 
gen  ice  of  the  I  Inked  States. 

All  art-  nr  parti  of  act-  in  conflict  with  tin'  provision!  of 
1 1 1 i -  act,  air  hereby  repealed.     I  Id-  set  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 
A  ppb<  >\  ii»  February  -'".  1 867. 

With  the  exception  <>f  the  few  amendment!  contained  in  the 
above  act,  the  Bchool  law  of  1865  remains  in  lull  force  ami  effect, 
precisely  as  it  was. 

REMARKS    ON    SECTION    ONE. 

The  effect  of  this  section  is  simply  to  repeal  the  per  diem  provi- 
sions of  section  seventy-one  of  the  general  law  of  1865,  (  which  al- 
lowed superintendents  three  dollars  per  day  for  not  more  than  two 
hundred  days  in  any  one  year),  and  to  substitute  five  dollars  per 
day  tin-  services  actually  rendered,  be  the  number  of  day-  more  or 
less.  I  congratulate  the  friends  of  common  schools,  ami  especially 
the  county  superintendents,  upon  a  result  so  much  more  wise  and 
liberal  than  we  had  ventured  to  expect.  The  compensation  is  still 
too  small :  no  man  is  fit  to  stand  at  the  head  of  the  teachers  and 
common-school  interests  of  a  county  whose  services  are  not  worth 
two  thousand  dollars  a  year ;  and  if  the  people  see  fit  to  place  an 
incompetent  person  in  that  position,  both  the  fault  and  the  remedy 
are  with  them.  It  must  also  be  remembered  that  a  heavy  per  cent, 
of  the  income  accruing  for  services  rendered  in  visiting  schools,  etc., 
must  be  deducted  for  the  expenses  necessarily  incurred.  But,  al- 
though still  inadequate,  the  pay  allowed  by  the  amendatory  act  is 
a  most  encouraging  advance  upon  any  legislation  that  we  have 
heretofore  been  able  to  secure,  and  is  an  auspicious  omen  for  the 
future.  The  day,  it  is  to  be  hoped,  has  gone  by  for  skilled  and 
efficient  educational  labor  to  be  expected  without  a  reasonable  com- 
pensation. That  policy  has  too  long  been  pursued,  to  the  constant 
detriment  of  the  educational  interests  of  the  state.  The  same  laws 
apply  to  all  important  human  enterprises  and  spheres  of  labor.  If 
good  and  efficient  workmen  are  wanted — liberal  .pay  will  secure 


DISCUSSION   OF   AMENDMENTS.  115 

them ;  and  the  attempt  to  obtain  the  one  without  the  other  is  not 
only  a  blunder  in  policy,  but  a  breach  of  honor.  No  interests  de- 
mand close  and  watchful  supervision  more  imperatively  than  those 
of  public  education,  and,  whatever  those  who  have  not  reflected 
upon  the  matter  may  think  about  it,  no  others  are  more  important. 
If  the  people  choose,  they  may,  in  every  county  of  the  state,  se- 
lect the  best-qualified  and  most  experienced  educational  man  for 
the  office  of  county  superintendent  of  schools.  Let  this  be  done, 
and  no  proposition  is  more  demonstrable  than  that  it  is  true  econ- 
omy— an  actual  saving  of  dollars  and  cents — to  pay  him  a  sum 
that  will  justify  him  in  devoting  his  whole  time  to  the  duties  of 
the  office. 

REMARKS    ON    SECTION    TWO. 

The  value  of  this  section  consists  in  the  fact  that  it  renders  ob- 
ligatory what  has  heretofore  been  optional,  and  thus  completes  the 
line  of  responsibility  in  respect  to  statistical  reports,  which  has 
heretofore  ended,  so  far  as  the  law  is  concerned,  with  the  township 
officers.  It  will  hereafter  be  as  much  the  legal  duty  of  clerks  of 
boards  of  directors  to  report  to  township  treasurers  as  it  is  of  the 
latter  to  report  to  county  superintendents,  and  they  to  the  state 
superintendent.  It  will  add  very  much  to  the  unity  of  the  system, 
and  to  the  fullness  and  reliability  of  all  the  reports.  The  facts 
and  statistics  that  will  be  required  of  directors  will  be  few  and 
simple.  A  list  of  them  will  be  furnished  by  the  state  superin- 
tendent, from  time  to  time,  as  required  by  law. 

REMARKS   ON   SECTION   THREE. 

The  object  of  this  section  is  to  simplify  the  mode  of  procedure 
in  the  case  of  schools  composed  of  pupils  from  two  or  more  differ- 
ent townships.  The  amendment  is  based  upon  the  reasonable 
principle  that,  if  directors  see  fit  to  admit  pupils  from  other  town- 
ships, they,  and  not  the  teacher,  should  attend  to  the  collection  of 
what  is  due  on  the  separate  schedules  of  such  scholars.  The  effect 
is  to  modify  one  clause  of  the  thirty-fifth  section  of  the  general 
law  of  1865.  Hereafter  when  a  school  is  composed  of  pupils 
from  different  townships,  the  teacher  will  simply  deliver  all  his 
separate  schedules  to  his  own  directors,  and  receive  their  order 
on  the  treasurer  of  the  township  in  which  the  school  is  taught, 
for  the  whole  amount  due.     The  directors,  in  their  certificate  to 


1  lij  l»l  II    I    9SIOB     01       \MIM-.MI.\TS. 

tin-  home  schedule,  must  insert  the  whole  amount  doe  the  teacher, 
instead  of  i  proportional  part  as  heretofore]  and  in  their  certificate 
to  die  separate  schedule  of  pupili  from  the  district  of  the  other 
township,  they  must  insert  the  proper  amount  due  from  -aid  dis- 
1 1 1 ,  t ,  computed  upon  the  basil  of  the  total  Dumber  of  days' 
attendance  of  all  the  schedules,  u  heretofore  provided  by  law. 
lint  nnce  tin'  teacher  it  oredited  on  the  home  schedule  with  the 
whole  amount  dim  him,  tin-  directors'  in  certifying  the  separate 
ichedule,  must  make  the  proportional  amount  due  from  tin-  other 
township  payable  t<.  th<  ii  district,  :m<  1  not  to  the  teacher. 

The  certificate  t<»  the  separate  schedule,  modified  to  suit  the  re- 
quirements of  the  amendment,  would  he  as  follow-: 

"  AVc,  the  undersigned,  directors  of  district  number in 

township,  number range    number in   the  county 

aforesaid,  certify  that  we  have  examined  the  foregoing  .schedule, 
and  find  the  same  to  be  correct,  and  that  tin;  school  was  conducted 
according  to  law  :     That  there  is  now  due  said  district  the  sum 

of dollars  and cents,  being  the  proportional  amount 

accruing  to  said  district  according  to  law  ;  and  that  the  said  C.  D., 
teacher,  has  a  legal  certificate,"  etc.,  etc. 

The  directors  of  the  home  district  will  then  deliver  the  separ- 
ate schedule,  so  certified,  to  the  directors  of  the  other  district, 
who  shall  immediately  draw  an  order  on  their  treasurer,  in  favor 
of  the  district  in  which  the  school  was  taught,  for  the  amount 
certified  to  be  due,  as  provided  and  required  in  the  thirty-fifth 
section  of  the  act ;  and  the  treasurer  must  promptly  honor  -aid 
order,  and  in  default,  the  amount  thereof  can  be  collected  by  law. 
The  provisions  of  this  section  apply  only  to  the  case  of  schools 
composed  of  scholars  from  different  townships,  not  to  those  com- 
posed of  pupils  from  different  districts  in  the  same  township. 

The  fourth  section  of  the  amendatory  act  requires  no  explana- 
tion. It  will  no  doubt  be  carried  out  in  letter  and  spirit,  and  with 
cheerfulness  and  pleasure,  by  all  concerned.  Its  justice  is  self- 
evident. 


PART   II. 


Official  and  Judicial 
Decisions. 


Having  now  presented  the  school  law,  as  amended,  and  con- 
sidered in  detail  the  several  sections  of  the  amendatory  acts,  it 
remains  to  embodj-  the  official  and  judicial  decisions,  now  in 
force,  in  relation  to  common  schools.  These  decisions,  with 
bj.it  few  exceptions,  are  given  in  the  briefest  form.  They  em- 
brace the  substance  of  all  that  have  been  rendered  by  the  de- 
partment of  public  instruction,  and  the  supreme  court,  in  re- 
lation to  common  schools ;  those  only  being  omitted  which 
have  been  superseded  or  rendered  inoperative  by  recent  legis- 
lation. They  are  thrown  into  this  condensed  form,  so  that, 
being  general,  and  embracing  only  well  established  legal  prin- 
ciples, they  may  be  of  universal  application.  For  facility  of 
reference,  the  decisions  are  grouped  into  general  classes,  and 
arranged  under  appropriate  sub-heads ;  those  of  each  general 
class  being  consecutively  numbered. 

The  author  has  not  turned  aside  for  the  purpose  of  discuss 
ing  merely  theoretical  questions,  but  every  decision  in  the  vol- 
ume was  suggested  by  some  case  or  inquiry  actually  submitted 
to  the  state  superintendent  for  his  opinion  or  determination. 
The  treatment  of  each  topic  is,  therefore,  more  or  less  ex- 
tended, according  to  its  nature  and  relative  importance.  In 
but  two  or  three  instances  has  it  seemed  appropriate  to  enter 
into  elaborate  argument,  and  then  only  because  of  the  com- 
manding importance  of  the  subjects  discussed.  The  decisions 
are  supported  by  references  to  eminent  judicial  authorities. 


ll>  i.|  I  M   I  A  I.     AM>    .11    OH   I  \l-     I'l  i   [8K 


I.    COUNT!   SUPERINTENDENTS. 

1.  Bond.—'  Before  county  superintendents  can  legally  <"-ntcr 
opon  the  discharge  oi  their  official  duties,  they  must  take  an 
oath  for  the  faithful  discharge  of  the  same,  and  execnte  a  bond, 
as  prescribed  in  the  eleventh  section  of  the  act. 

2.  Examination  of  Treasurer's  Bond. — If  is  the  duty  <>f 
county  superintendent*  carefully1  to  scrutinize  the  bonds  of 
township  treasurers  before  accepting  and  filing  them,  and 
if  found  in  any  respect  defective  to  return  them  for  correction. 

(§  15.) 

3.  To  withhold  Funds  until  Bonds  are  Filed. — County  superin- 
tendents can  pay  no  school  funds  to  any  township  treasurer 

who  has  not  on  file  a  good  and  perfect  official  bond.     (§  16.) 

4.  Apportionment  of  Funds. — Townships  and  parts  of  town- 
ships, in  which  no  schools  have  been  kept  according  to  law, 
cannot  share  in  the  distribution  of  the  school  fund.  13ut,  if  a 
single  school  of  a  township  has  been  kept  as  the  law  requires, 
that  township  is  entitled  to  the  benefit  of  the  school  fund. 
(§  16.)  Where  a  township  is  divided  by  a  county  line,  leav- 
ing one  or  more  districts  on  each  side  of  said  line,  the  treas- 
urer of  said  township  is  entitled  to  funds  from  each  superin- 
tendent, provided  that  schools  have  been  kept  according  to 
law  in  each  fraction  of  the  township;  but  not  otherwise.  If 
the  district  or  districts  in  the  part  of  said  township  lying 
in  one  county,  have  complied  with  the  provisions  of  law,  while 
the  district  or  districts  of  said  township  which  lie  in  the  other 
county,  have  not  so  complied,  then  the  treasurer  of  said  town- 
ship is  entitled  to  funds  from  the  superintendent  of  the  former 
county,  but  not  from  the  superintendent  of  the  latter  county. 

5.  Basis  of  Apportionment. — County  superintendents  can 
apportion  no  funds  to  townships  upon  any  other  basis  than 
that  prescribed  in  section  sixteen  of  the  act.  They  must 
always  take  as  the  basis,  the  latest  official  enumeration  of 
persons  under  twenty-one,  on  file  in  their  offices.  AVhere 
officers  fail  to  report  the  number  of  children  under  twenty-one. 


OFFICIAL   AND   JUDICIAL   DECISIONS.  119 

the  county  superintendent  will  adopt  the  census  of  those  town- 
ships whose  officers  have  complied  with  the  law  and  made  a 
return,  and  take  the  last  enumeration  of  those  townships  from 
which  no  returns  were  received,  as  the  basis  of  distribution. 
The  township  whose  officers  comply  with  the  law  are  entitled 
to  the  full  benefits  of  their  increased  population.  Official 
census  returns  must  be  received,  unless  known  to  be  false  and 
fraudulent,  in  which  case  they  may  be  rejected  and  the  funds 
withheld  until  true  returns  are  made;  or  the  latest,  correct 
returns  on  file  may  be  taken  as  the  basis,  as  aforesaid. 

6.  Examination  of  Teachers. — County  superintendents  must 
hold  at  least  four  public  examinations  of  teachers,  annually, 
and  more  if  necessary,  at  such  times  and  places  as  will  accom- 
modate the  greatest  number  of  persons  desiring  examination. 
They  are  not  forbidden  to  examine  teachers  privately.  Due 
notice  must  be  given  of  all  public  examinations.  (§  51.) 
County  superintendents  are  authorized  to  appoint  boards  of 
examiners,  for  the  examination  of  teachers,  but  such  examiners 
are  not  school  officers,  nor  entitled  to  the  immunities  granted 
in  section  seventy-two  of  the  act.  It  is  the  duty  of  the  county 
superintendent  or  board  of  examiners,  when  requested  by  the 
directors  of  any  district,  to  examine  teachers  in  the  higher 
branches ;  in  which  case  they  shall  certify  to  the  additional 
branches  proposed  to  be  taught ;  but  no  certificate  can  be 
given  unless  the  teacher  is  qualified  to  teach  the  several 
branches  enumerated  in  the  law.     (See  remarks  on  §  51.) 

7.  Teachers'  Certificates. — Certificates  can  only  be  granted  to 
persons  of  approved  moral  character,  and  who,  upon  due  ex- 
amination, shall  be  found  qualified  to  teach  all  the  branches 
enumerated  in  the  act.  On  the  question  of  character,  the  su- 
perintendent must  be  governed  by  his  own  knowledge,  when 
that  knowledge  is  in  conflict  with  testimonials.  The  date  of 
a  teacher's  certificate  must  strictly  conform  to  the  facts ;  it 
cannot  be  dated  back.  Only  two  grades  of  certificates  are 
authorized  by  law.  The  first  is  valid  in  the  county  for  two 
years,  the  second  for  one  year.  At  the  expiration  of  a  certifi- 
cate the  superintendent  may  renew  the  same  by  endorsement, 
without  examination,  or  he  may  require  further  examination, 
as  the  condition  of  such  renewal,  at  his  option.  He  is  not  au- 
thorized to  renew  certificates  unless  granted  by  himself.    (§  50.) 


[20  OF]  [01  LL   A\n  TUDICIAI    DA  1-1 

8.  /■'  '"■/•  Crr/ijifntrK.—W]  i'cos  for  teaofcers'  certificate!  are 
abolished,  whether  granted  at  public  or  private  examinations,  hut 
tlic  expense  of  the  blank  form!  need  nay  be  defrayed  oui  of  tlio 
school  f  u  1 1  >  I  - .     (  ~.  51.) 

9,  Revocation  and  Renewal  of  Certificate*. — Teachers'  certifi- 
cate! maj  be  revoked,  but  only  for  just  cause*  In  the  i  zeroise1 
of  this  right  the  greate  I  care  should  be  taken  to  avoid  injustice. 
The  professional  reputation  of  a  teacher  should  Dot  be  prejudiced 
by  the  revocation  of  hie  certificate,  ezcepl  upon  the  most  clear 
and  positive  proof  of  gross  misconduct;  but  whenever  such 
proof  is  furnished,  the  duty  of  the  county  superintendent  is 
plain  and  he  must  perform  it.  When  the  revocation  of  a  eci" 
tificate  becomes  clearly  necessary,  the  superintendent  should  note 
the  fact  in  his  record  of  certificates  granted,  (§  50,)  and  re- 
quest the  teacher  to  surrender  the  document.  If  he  refuse  to  do 
so,  the  name  of  the  teacher,  date  and  grade  of  his  certificate,  and 
the  fact  and  date  of  its  revocation,  (with  cause,  if  deemed  expe- 
dient,) should  he  published  in  the  county  papers,  or  otherwise. 
This,  in  that  case,  would  he  necessary  for  the  information  and  pro- 
tection of  the  public.  The  directors,  trustees  and  treasurer,  of 
the  district  and  township  concerned,  should  also  be  informed  im- 
mediately and  officially  by  the  superintendent,  in  writing,  of  his 
action,  and  duly  notified  and  warned  that  no  public  funds  can  law- 
fully be  paid  said  teacher  for  services  rendered  from  and  after  the 
date  of  said  revocation.  The  law  docs  not  authorize  county  supcr- 
intendents  to  suspend  teachers'  certificates,  nor  do  I  think  that  the 
right  to  do  so  is  implied  in  the  power  to  revoke.  They  may  grant, 
renew,  and,  for  good  cause,  revoke  certificates;  their  powers  in 
the  premises  would  then  seem  to  be  exhausted.  It  is  held  that  a 
teacher's  certificate  cannot  be  renewed  after  its  expiration — if  re- 
newed at  all,  it  must  be  done  on  or  before  the  day  it  expires. 
"When  a  certificate  expires  without  renewal,  the  instrument  is 
dead,  and  cannot  be  revived,  and  its  effectiveness  continued  by 
the  endorsement  of  the  county  superintendent  —  a  new  certifi- 
cate must  be  obtained,  or  the  teacher  is  without  a  license.  Any 
other  view  would  defeat  the  intention  of  the  law.  Thus,  a  per- 
son might  continue  to  teach  for  months,  and  even  years,  after 
the  expiration  of  his  certificate,  and  the  irregularity  be  cured  by 
an  endorsement,  or  series  of  endorsements,  by  the  county  super- 
intendent. 


OFFICIAL   AND   JUDICIAL   DECISIONS.  121 

10.  Ile-instatement  of  Teachers  whose  Certificates  have  been  Re- 
voked.— The  law  does  not  prescribe  the  limits  of  time  within  which 
a  teacher,  whose  certificate  has  been  revoked,  may  be  re-instated 
in  his  profession.  Each  case  must  therefore  be  determined  by  the 
county  superintendent,  according  to  his  best  judgment  and  discre- 
tion, from  the  facts  and  circumstances  as  he  knows  or  believes 
them  to  exist.  A  teacher's  license  may  be  revoked  for  offences  of 
so  grave  a  character  as  to  render  it  improper  ever  to  restore  him 
to  the  school-room.  On  the  other  hand,  the  revocation  may  be 
necessitated  by  malfeasances  or  delinquencies  of  a  less  serious  na- 
ture, against  the  recurrence  of  which  the  county  superintendent 
may  be  well  assured.  If,  for  instance,  a  teacher  is  deprived  of 
his  certificate  for  acts  of  intemperance,  or  even  drunkenness,  he 
may  so  conduct  himself  thereafter  as  soon  to  convince  the  super- 
intendent that  a  thorough  and  genuine  reformation  has  taken  place. 
If  so,  the  fact  that  but  a  short  time,  a  few  weeks  or  months,  had 
elapsed  since  the  revocation  of  his  certificate,  would  not  render  it 
improper  or  illegal  to  grant  him  another  certificate.  The  power 
to  revoke  certificates  is  conferred  for  the  sole  purpose  of  summa- 
rily ejecting  from  the  school-rooms  of  the  state,  such  persons  as 
may  become  clearly  unfit  for  the  responsible  trusts  committed  to 
teachers  of  youth,  and  should  never  be  exercised  in  any  other  spirit. 
As  soon,  therefore,  as  the  cause  is  removed,  and  the  dishonored 
teacher  gives  proof  of  having  again  become  worthy  of  trust,  the 
spirit  of  the  law  as  well  as  of  charity,  would  warrant  his  re-admis- 
sion into  the  profession. 

11.  School  Visitation — Examination  of  Teachers —  Office  Work — 
Compensation,  etc. — By  section  twenty  of  the  act,  a  county  super- 
intendent is  peremptorily  required  "to  visit  every  school  in  his 
county  at  least  once  each  year,  and  oftener  if  practicable."  If  he 
does  not  visit  each  school  at  least  once,  annually,  he  is  liable  to 
Removal  for  "omission  of  duty."  (§  13.)  But  he  is  not  restricted 
to  one  visitation  a  year ;  he  may  visit  each  school  more  than  once 
in  each  year,  and  the  law  makes  it  his  duty  to  do  so,  "  if  practi- 
cable"— that  is,  if  he  deems  it  expedient,  and  his  other  duties  will 
permit.  The  law  makes  the  superintendent  himself  the  judge  as 
to  how  often  it  may  be  expedient  and  practicable  for  him  to  visit 
any  particular  school  or  schools.  His  visits  should  be  as  frequent 
as  the  interests  of  each  school  seem,  in  his  judgment,  to  require, 
and  no  more.     And  for  the  exercise  of  his  best  judgment  and  dis- 


L22  OPl  EOIAL    and   JTJDII  iai.    DB4  [81 

cretion  in  the  matter,  be  cannot  be  called  to  account.  The  law 
imposes  upon  him  the  duty,  and  duty  implies  right  HU  honest 
Boti  in  the  visitation  of  schools  cannot  be  inquired  into  by  t lie 
county  court,  and  payment  for  tin-  service  refused.  To  justify 
si i«'li  :i  proceeding  on  the  part  of  tin-  county  authorities  there  most 
be  ;i  palpable  case  made  out,  showing  corruption  or  fraud,  or  a 
gross  pervertion  or  violation  of  the  intent  and  spirit  of  the  law  by 
the  county  superintendent.  A  county  court  or  board  of  super- 
visors, cannot  dictate  to  a  county  superintendent,  in  respect  to  the 
number,  duration,  or  necessity  of  his  school  visitations.  They 
may  remove  him  from  office  "fur  any  palpable  violation  of  law,  or 
omission  of  duty,"  hut  in  the  absence  of  any  rach  palpable  dere- 
liction, they  cannot,  in  any  manner,  molest,  restrict,  or  interfere 
with  him  in  the  discharge  of  his  official  duties;  and  any  order  or 
resolution  to  that  effect,  would  be  of  no  force  or  obligation.  Nor 
is  a  county  superintendent  to  be  governed,  in  visiting  schools,  by 
the  wishes  or  opinions  of  the  directors  or  inhabitants  of  the  re- 
spective districts.  "While  a  request  to  visit  a  particular  school 
would  be  an  additional  reason  for  doing  so,  a  request  not  to  visit, 
or  silent  indifference  on  the  part  of  the  directors  and  people  of  a 
particular  district,  would  be  no  reason  or  justification  for  neglect- 
ing to  visit  that  school — but  rather  the  contrary.  The  superin- 
tendent is  the  judge  of  his  own  actions  in  the  premises,  and  will 
visit  when,  where,  and  as  frequently  as  he  thinks  duty  requires, 
regardless  of  the  assent  or  dissent,  the  request  or  protest,  of  either 
the  county  authorities  or  the  people  of  the  respective  districts — 
subject  only  to  the  penalties  prescribed  for  violation  of  law  or 
omission  of  duty. 

As  to  the  time  that  should  be  spent  in  each  school  visited,  that 
also  is  left  to  the  best  judgment  of  the  county  superintendent,  and 
he  must  be  governed  in  each  case  by  the  particular  circumstances 
and  condition  of  the  school  visited,  keeping  in  mind  the  require-^ 
ments  of  the  twentieth  section  of  the  act.  It  is  obvious  that  it 
will  require  a  longer  stay  and  a  closer  investigation  to  ascertain 
the  condition  and  needs  of  some  schools,  than  it  will  of  others, 
and  no  one  but  the  county  superintendent  himself  can  decide  what 
the  duration  of  the  visit  in  each  case  should  be.  If  it  were  worth 
while  to  make  a  general  suggestion  on  the  subject,  I  would  say 
that  a  visit  of  less  than  three  hours,  or  one-half  of  a  school  day, 
would  not  be  likely  to  be  of  much  use. 


OFFICIAL    AND   JUDICIAL    DECISIONS.  123 

By  section  fifty-one  of  the  act,  it  is  made  "the  duty  of  county 
superintendents  to  hold  meetings  at  least  quarterly,  and  oftener  if 
necessary,  for  the  examination  of  teachers,"  and  they  are  to  des- 
ignate the  particular  days  and  places  when  and  where  such  ex- 
aminations are  held.  The  conduct  of  the  county  superintendent 
in  respect  to  the  examination  of  teachers  is  governed  by  the  same 
principles  as  those  laid  down  in  respect  to  the  visitation  of  schools 
— all  the  arguments  and  considerations  just  applied  to  the  latter 
case,  are  equally  applicable  to  the  former  case.  The  whole  subject 
is  left  to  the  sound  discretion  and  honest  action  of  the  county 
superintendent,  and  in  the  conscientious  discharge  of  his  duty,  he 
cannot  be  dictated  to,  or  interfered  with.  If,  "m  his  opinion" 
four  examinations  a  year  are  sufficient,  he  need  not  hold  any  more ; 
but  if,  "in  his  opinion"  more  are  "necessary,"  he  has  the  power, 
and  it  is  his  duty,  to  hold  them.  The  law  e^ressly  clothes  him 
with  ample  discretion  in  the  matter — it  could  not  reasonably  do 
otherwise,  for  the  various  circumstances  and  contingencies  that 
might  exist  or  arise  in  the  one  hundred  and  two  counties  of  the 
state,  could  not  possibly  be  foreseen  by  the  legislature,  and  hence 
no  specific  number  of  examinations  could,  with  any  wisdom  or 
prudence  be  prescribed  in  the  statute — it  must  necessarily  be  left 
to  the  judgment  of  the  officer  himself.  He  is  to  determine  how 
and  when  it  is  "necessary"  to  hold  more  than  four  examinations. 
If,  "  in  his  opinion,"  (not,  in  the  opinion  of  the  court,  or  super- 
visors,) it  is  "necessary"  to  hold  monthly  examinations,  for  instance, 
he  has  an  unquestionable  right  to  hold  them,  and  more  or  less  than 
that  number,  as  he  sees  fit. 

It  is  also  provided  in  the  fifty-first  section  of  the  law,  that 
"  county  superintendents  shall,  in  no  case,  exact  or  receive  any  fee 
for  certificates."  The  prohibition  is  explicit  and  peremptory,  and 
any  county  superintendent  that  disregards  it,  whether  voluntarily, 
or  by  the  advice,  permission,  or  direction,  of  others,  is  liable  to 
removal  from  office  "for  palpable  violation  of  law."     (§  13.) 

So  also  in  respect  to  office  days  :  the  county  superintendent 
must  determine  the  number  of  such  days  required  for  the  faithful 
performance  of  his  official  duties,  and  his  honest  action  in  so  do- 
ing, cannot  be  inquired  into.  The  amount  of  time  necessary  for 
the  proper  investigation  and  hearing  of  questions  and  controver- 
sies submitted  to  him  under  the  school  law ;  for  official  corre- 
spondence; the  posting,  arranging,  abstracting  and  filing  of  his 


121  Omi  I  IL    AM)    JI'DK  IAL    DlJ 

official  books  and  papers;  1 1 1 < •  special  examinations  of  inch  teach- 
ci  m  cannol  attend  <>n  the  regular  days;  and  the  miscellaneous 
details  and  duties  necessarily  belonging  to  a  well  regulated  county 
oilier  .the  time  requisite  for  all  these  bhingi  is,  and  must  be,  peon* 
liarly  within  the  province  of  the  officer  himself  to  determine,  and 
even  if  he  errs  in  his  action,  mi  fraud  or  corruption  being  charged) 
1  do  not  tliink  thai  i  court  would  interfere*  A  palpable  case 
urn  i  be  made  out;  the  intern  and  purpose  to  deceive,  or  to  com- 
mit :i  fraud  ;  such  as  to  obtain  pay  for  pretended  services  not 
actually  rendered,  &c,  before  the  eonduot  of  the  superintendent 
can  be  judicially  inquired  into.  If  there  is  not  proof  of  boom 
gross  wrong  of  this  kind,  it  must  be  presumed  thai  the  officer  has 
aoted  in  good  faith,  and  that  his  accounts  and  charges  as  certified 
and  BWOrn  to,  arc  correct  and  just. 

A-  was  said  in  thj*  former  part  of  this  opinion,  it  would  be  of 
little  use  to  offer  any  suggestion  as  to  the  number  of  days  thai 
should  be  devoted  to  office  work,  for  it  is  not  the  province  of  the 
stat.  superintendent,  the  county  court,  board  of  supervise! 
any  other  officer,  court,  or  persons,  to  pass  upon  that  matter — but 
of  the  county  superintendent  himself,  ljut,  certainly,  if  the 
affairs  of  a  county  superintendent's  office  are  conducted  as  they 
should  be,  the  devotion  thereto  of  one  day  in  each  week  cannot, 
it  may  be  remarked,  be  considered  unreasonable. 

Section  seventy-one  provides  that  the  accounts  of  county  su- 
perintendents "  shall  be  certified  and  sworn  to  "  by  them,  "  and 
shall  be  paid  semi-annually  from  the  county  treasury."  "While 
the  right  of  a  county  court  or  board  of  supervisors  to  require 
the  account  to  be  rendered  in  full,  and  by  items,  is  not  denied, 
(although  it  is  not  customary  in  the  state  to  so  require  :  a  simple 
sworn  statement  of  the  number  of  days'  service  rendered,  and  the 
amount  due  being  generally  accepted  as  sufficient,)  it  is  never- 
theless held  that  the  law  does,  not  contemplate  that  a  county 
superintendent's  sworn  account  shall  be  overhauled  and  audited, 
or  its  sworn  statements  subject  to  be  traversed,  by  a  county  court 
or  board  of  supervisors,  there  being  no  charge  of  deception  or 
fraud  in  the  same.  Unless  such  deceit  or  fraud  is  charged,  or 
plainly  appears  in  the  account  itself,  it  is  believed  that  the  court 
or  board  cannot  go  behind  the  affidavit  of  the  superintendent,  but 
must  receive  and  allow  the  account,  and  order  it  paid.  [School 
Laws  1865,  §§  13,  20,  51,  71 ;  Amend,  1867,  §  1.] 


OFFICIAL   AND    JUDICIAL    DECISIONS.  125 

12.  Controversies. — It  is  the  imperative  duty  of  county  super- 
intendents to  hear  all  controversies  and  complaints  arising  in  their 
respective  counties  upon  school  matters,  and,  if  possible,  to  deter- 
mine and  adjust  the  same.  No  such  cases  can  properly  be  sub- 
mitted to  this  department  except  by  formal  appeal  from  the 
decision  of  the  county  superintendent.     (§  20.) 

13.  Reports. — County  statistical  reports  are  required  to  be 
made  to  this  office  annually.  For  refusal  or  neglect  to  render  such 
reports,  at  the  time  and  in  the  manner  required  by  law,  county 
superintendents  are  liable  to  removal  from  office,  and  the  conse- 
quences of  such  failure,  to  the  county,  are  no  less  than  the  forfeiture 
of  the  state  school  fund  for  the  ensuing  year.  (§  17.)  They  are 
also  liable  to  a  fine  of  twenty-five  dollars  for  each  default  in  mak- 
ing such  report,  under  section  seventy-six  of  the  act.  And  when 
a  county  loses  its  share  of  the  public  fund  by  reason  of  the  failure 
of  the  county  superintendent  to  make  his  report,  he  is  responsible 
for  said  loss.     (§  77.) 

14.  Sale  of  School  Lands. — Sales  of  school  lands  by  county 
superintendents  are  invalidated  by  failure  to  give  due  and  legal 
notice  thereof.  All  sales  of  school  lands  must  be  advertised  in  the 
manner  and  for  the  length  of  time  prescribed  in  section  eighty- 
seven  of  the  act.  The  expenses  of  advertising  sales  of  school 
lands  should  be  paid  from  the  school  fund  of  the  township  for 
whose  benefit  the  advertisement  is  published.  It  was  held  by  the 
earlier  state  superintendents,  that  said  expenses  should  be  paid  by 
the  county  superintendent,  and  the  decision  has  not  heretofore  been 
traversed.  But  a  careful  examination  of  the  point  has  satisfied  me 
that  said  opinion  is  not  well  founded.  It  appears  to  be  a  well 
settled  principle  that  the  fees  or  compensation  of  a  public  officer  for 
his  services,  in  any  particular  business,  are  not  to  be  reduced  by  the 
amount  of  his  legal  expenses  incurred  therein.  The  compensation 
mentioned  in  section  seventy-one  of  the  act,  in  relation  to  the  sales 
of  school  lands,  are  clearly  for  "  services  "  only,  not  for  expenses. 
A  different  construction  would  work  great  wrong  to  the  officer. 
For  it  is  plain,  in  the  case  of  small  tracts  at  low  prices,  that  even  it 
a  sale  is  effected,  the  cost  of  advertising  may  exceed  the  commis- 
sions allowed  by  law  ;  while  on  the  other  hand,  the  minimum  price 
fixed  by  the  trustees  may  be  so  high  as  to  prevent  any  sale  at  all, 
as  is  frequently  the  case.  And  as  this  may  happen  several  times 
before  a  given  tract  is  actually  sold,  the  injustice  of  requiring  the 


126  OFFICIAL    AM'   JUDICIAL   DECI8I- 

expeneea  to  be  borne  by  the  county  superintendent  i-  very  manifest. 
Xbis  ii  all  the  more  apparent  from  the  fact  that  the  superintendent 
ni;i\  be  obliged  to  make  the  sale  on  th»  premises,  incurring  an  addi- 
tional outlay  for  traveling  expenses,  which  must  also  be  repeated 
:is  often  as  there  is  a  failure  to  selL  The  law  never  requires  an  of- 
ficial to  expend  his  private  means  for  the  public  good.  Hence, 
whatever  expenditures  the  law  requires  an  official  to  make,  the  par- 
ties for  w  hose  benefit  the  expenditure  is  inclined  inu-t  pay  the  cost. 
In  this  ease,  therefore,  the  cost  of  advertising  must  be  defi  I 
from  the  school  fund  of  the  proper  township.     (§§  71,  87,  et  aL) 

L5.  Commissions  on  Sales. — The  county  superintendent  is  en- 
titled to  three  per  cent,  of  the  amount  realized  from  all  -ales  of 
school  lands  made  by  him.  When  a  sale  of  school  land-  is  made 
by  the  superintendent,  and  the  amount  for  which  the  land-  are 
sold  is  not  actually  paid  in,  but  loaned  to  the  purchaser  or  pur- 
chasers, he  is  entitled  to  three  per  cent,  for  selling  and  two  per 
cent,  for  loaning.  (§§  71  and  86.)  When  the  purchaser  of  school 
lands  pavs  the  full  price  of  the  land  to  the  commissioner  in  cash, 
the  money  so  received  should  be  paid  to  the  township  treasurer^  to 
be  loaned  by  him. 

10.  Omission  to  take  Mortgage. — "When  school  lands  are  sold 
by  county  superintendents,  and  the  money  is  loaned  to  the  pur- 
chaser, security  is  recpuired  by  notes  and  mortgages  as  in  the  case 
of  money  loaned  by  township  treasurers  ;  but  should  the  super- 
intendent neglect  to  take  such  mortgage,  the  lien  is  not  waived, 
as  the  law  expressly  provides  that  it  shall  be  reserved.  In  such 
a  case  the  trustees  of  schools  can  assert  a  lien  as  against  a  pur- 
chaser, and  also  as  against  those  claiming  under  him,  with  notice, 
if  proceedings  are  instituted  within  a  reasonable  time.  {Trustees 
of  Schools  vs.  Wright  et  al,  12th  III,  432.) 

17.  Failure  to  Record  Proceedings. — The  act  makes  it  the 
duty  of  superintendents  to  record  in  full  the  proceedings  of  all 
sales  of  school  lands,  but  it  is  held  by  the  supreme  court  (Tr> 

of  Schools  vs.  Allen  et  al.,  21st  III.,  120,)  that  failure  to  make 
such  record,  provided  the  lands  are  legally  and  fairly  sold,  does 
not  invalidate  the  title  of  the  purchaser.  In  the  absence  of  fraud, 
non-compliance  wTith  the  unessential  and  advisory  provisions  of 
the  act  cannot  alienate  the  just  rights  of  the  purchaser. 

18.  Compensation. — County  superintendents  are  entitled  to 
compensation,  as  follows :  1.  Three  per  cent,  upon  amount  of  all 


OFFICIAL    AND    JUDICIAL    DECISIONS.  127 

sales  of  school  lands,  and  real  estate  taken  for  debt.  2.  Two  per 
cent,  upon  amount  of  all  suras  distributed,  paid,  or  loaned  out  by 
them.  3.  At  the  rate  of  five  dollars  per  diem  for  any  number 
of  days  of  service  actually  rendered,  except  for  those  services  for 
which  they  are  by  law  entitled  to  commissions,  as  above.  In  vis- 
iting schools,  etc.,  the  time  necessarily  spent  in  travel  is  as  much 
a  part  of  the  "  day  "  for  which  payment  is  due,  as  the  time  actu- 
ally spent  in  the  school-room,  or  other  business  for  which  the 
journey  is  undertaken.  Whenever  the  superintendent  appoints  a 
day  for  the  public  or  private  examination  of  teachers,  and  is 
present  for  that  purpose  at  the  appointed  time  and  place,  he  is  en- 
titled to  his  per  diem,  whether  any  person  appears  for  examina- 
tion or  not ;  and,  in  like  manner,  when  a  superintendent  gives 
public  notice  that  he  will  be  in  his  office  on  certain  stated  days, 
for  the  examination  of  teachers  and  the  transaction  of  other  pub- 
lic business,  and  accordingly  remains  in  his  office  for  that  purpose, 
he  is  entitled  to  the  per  diem  allowed  by  law,  whether  any  one 
calls  for  examination,  or  for  the  transaction  of  other  public  busi- 
ness, or  not.  This  is  a  familiar  and  well  established  rule  in  rela- 
tion to  the  obligations  and  compensation  of  public  officers.  (See 
remarks  on  §  71 ;  also,  Amend.  Feb.  28,  1867,  §  1.) 

19.  What  Fines,  Forfeitures  and  Penalties  go  to  the  School 
Fund. — Among  the  fines,  penalties  and  forfeitures,  which,  by  section 
eighty-two,  are  required  to  be  paid  to  the  county  superintendent 
for  the  benefit  of  the  school  fund,  are  the  following:  1.  All  fines 
collected  by  justices  of  the  peace.  2.  All  fines  collected  by  other 
county  officers.  These  are  the  sheriff,  the  probate  judge,  the 
county  court,  or  board  of  supervisors — but  not  the  moderator  of 
a  town  meeting.  3.  All  fines,  penalties  and  forfeitures,  imposed 
or  incurred  in  any  of  the  circuit  courts  of  this  state.  This  last  is 
by  far  the  most  important.  It  includes,  among  others,  all  fines  for 
violations  of  the  criminal  law.  For  selling  liquor,  illegal  voting, 
assaults,  affrays,  contempts,  arson,  altering  marks,  removing  land- 
marks, assisting  prisoner,  and  so  on,  for  the  thousand  offenses  pun- 
ished by  fines.     All  forfeitures  of  recognizances  are  included. 

20.  Deputies. — The  law,  section  fifty,  authorizes  the  county  su- 
perintendent to  appoint  a  board  of  examiners  for  the  examination 
of  teachers,  and,  of  course,  to  grant  certificates  upon  the  recom- 
mendation of  said  board.  It  would  also  seem  that  the  superin- 
tendent should  be  warranted  in  paying  his  examiners  at  the  same 


128  c»l  I'M  IAL    AND    .iriurr.VL    DECI8I' 

rate  per  day  thai  he  would  himself  be  entitled  to  for  the  panic 
service.  This  is  the  only  instance  in  the  act  where  the  superin- 
tendenl ii  expressly  authorised  to  ac1  by  deputy,  and  it  is  to  be 
regretted  thai  power  to  so  ac1  is  given  a1  the  rery  poinl  where, 
above  .-ill  others,  the  personal  attention  of  the  superintendenl  i.y 
mosl  important.  It  is  certain  that  if  authority  to  examine  teach- 
ers by  deputies,  were  not  plainly  conferred  by  the  statute,  it  could 
not  be  done  j  for  no  other  duty  demands  to  1 1 1 < *  same  extent  the 
exercise  of  thai  care,  ability  and  judgment,  which  the  superin- 
tendenl is  presumed  to  possess.  It  is  therefore  earnestly  recom- 
mended thai  authority  to  examine  teachers  should  nol  be  delegated 
to  others,  notwithstanding  permission  to  do  so  is  conferred  by 
law.  Let  the  superintendenl  bimBelf  perform  this  most  important 
duty,  except  in  cases  of  emergency  or  necessity. 

Although  no  direct  authority  is  given  to  a  superintendent  to 
act  by  an  agent,  except  in  the  examination  of  teachers,  it  cannot 
be  doubted  that  there  are  services  connected  with  his  office  which 
may  properly  be  performed  by  another.  There  is  a  familiar 
principle  which  determines  what  services  may  be  entrusted  to 
others,  by  a  public  officer.  It  is  this  :  In  all  those  duties  in  which 
B  special  trust  is  reposed  in  the  abilities,  judgment,  skill  or  learn- 
ing of  the  officer  himself,  his  powers  cannot  be  delegated  ;  whilst 
in  the  discharge  of  those  duties  which  are  of  a  merely  clerical, 
formal  <>r  ministerial  nature,  in  which  no  special  confidence  is  re- 
posed in  the  peculiar  qualifications  of  the  officer,  a  competent 
deputy  or  clerk  may  be  employed.  No  one  supposes  that  a  judge, 
for  example,  can  act  as  such  through  a  deputy.  On  the  other 
hand,  in  matters  purely  ministerial,  where  the  law  prescribes  defi- 
nitely the  manner  in  which  the  thing  must  be  done,  such  as  the 
extension  of  taxes,  making  out  collectors'  books,  recording  of 
deeds,  making  up  of  records,  etc.,  the  officer  de  jure  is  entitled  to 
compensation  therefor,  although  performed  by  a  deputy  or  clerk. 

Now,  some  of  the  duties  of  a  county  superintendent,  such  as 
the  visitation  of  schools — £ivin2;  directions  in  the  science,  art  and 
methods  of  teaching — advising  with  school  officers — deciding 
questions  under  the  school  law,  etc.,  (and,  did  not  the  statute 
provide  otherwise,  the  examination  of-  teachers),  are  in  the  nature 
of  a  special  trust  or  confidence  in  the  intelligence,  learning  and 
judgment  of  the  superintendent  himself,  and  cannot  be  delegated ; 
whilst  other  duties,  such  as  the  collection  of  statistics — making  up 


OFFICIAL    AND   JUDICIAL    DECISIONS.  129 

statistical  reports  and  tables — recoi'ding,  copying,  arranging,  ab- 
stracting and  filing  official  papers,  etc.,  may  be  performed  by  a 
clerk  or  deputy,  for  whose  services  the  superintendent  would  be 
entitled  to  the  same  pay  as  if  performed  by  himself. 

It  seems  safe  to  conclude,  therefore,  that  the  idea  of  a  general 
deputy,  with  power  to  perform  all  the  duties  of  the  office,  is 
wholly  incompatible  with  the  intent  of  the  law  ;  whilst  in  the 
class  of  duties  above  enumerated,  the  superintendent  may  employ 
a  competent  deputy  or  clerk,  for  whose  services  the  superintendent 
would  be  entitled  to  the  regular  pay,  whenever  the  employment  of 
such  deputy  is  necessary,  or  will  promote  the  interests  of  the  schools. 
And  for  this  purpose  the  county  court  or  board  of  supervisors 
may  also  allow  the  superintendent  additional  compensation,  under 
section  seventy-one  of  the  act,  and  should  do  so,  when  necessary  to  < 
enable  him  to  devote  his  special  attention  to  the  more  important 
educational  duties  of  his  office.  It  is  believed  that  in  many  cases  it 
would  be  not  only  advisable,  but  highly  advantageous  to  the  schools, 
for  the  supei-intendent  to  pursue  such  a  course.  It  will  enable  him 
to  choose  the  most  favorable  times  for  the  all-important  work  of 
school  visitation,  which  chance  to  be  the  very  periods  when  the  sta- 
tistics are  to  be  collected  and  tabulated  for  the  annual  report,  and 
the  public  funds  apportioned  and  paid  out.  These  latter  duties 
could  be  performed  by  a  deputy,  while  the  superintendent  is  en- 
gaged in  the  more  important  work  of  visiting  the  schools,  to  the 
great  benefit  of  the  public  interests.  Many  of  the  counties  are  too 
large  for  any  superintendent  to  do  all  the  work,  as  it  should  be  done ; 
in  such  cases  the  county  authorities  are  earnestly  urged  to  afford 
the  needed  relief,  by  a  suitable  appropriation  for  such  services  as 
can  be  properly  performed  by  a  clerk  or  deputy. 

21.  When  a  Purchaser  of  School  Land  Borrows  his  Bid. — 
When  the  purchaser  of  common  school  lands  borrows  the  amount 
of  his  bid,  as  authorized  by  section  eighty-six,  the  notes,  mortgages, 
etc.,  given  as  security  for  the  money  so  borrowed,  should,  I  think,  be 
made  payable  to  the  trustees  of  the  township  for  whose  benefit  the 
land  is  sold,  the  rate  of  interest  to  be  determined  as  provided  in  sec- 
tion fifty-seven  of  the  act.  The  statute  is  not  explicit  as  to  whether 
the  notes  should  be  made  payable  to  the  trustees  or  county  super- 
intendent, but  a  careful  examination  of  the  law  will,  I  think,  sustain 
the  foregoing  opinion.  The  notes  in  question  are  certainly  for 
money  "to  become  due  the  township,"  which  section  fifty-seven  de- 


!•".'•  OFFICIAL     AMi    .11    LI'   I  \l.     I>l.<   ISIO.NS. 

clarei  "shall  be  payable  to  the  board  of  trustees,  by  their  corpo- 
rate 1 1. ii i ir."  Again,  if  defaull  ii  made  is  the  payment  <»t  the  notes, 
the  trusteea  maj  bring  suit  for  the  recovery  of  the  money,  (§§  57 
and  <Il!,'  and  it  ii  reasonable  to  conclude  thai  tin-  parts  who  has 
the  righl  to  sue  for  the  money  should  be  the  payee  of  the  notes. 
The  county  superintendent  would  seem,  in  such  oases,  t"  be  merely 
the  agent  of  the  boara  of  trustee*     Bui  if  ii  also  dear  thai  should 

the  notes  he  made  to  the  county  mi  peri  ntendent,  instead  of  thl   i:  u  -t- 

ees,the)  would  nevertheless  be  "  valid  to  all  intents  and  purpo 
(§57.) 

ii"J.     ('o)nmiss!»nx,  Ion'  ('oni/Difrd. — By  section-  Beventy-one  and 
Beventy-two,  county  superintendents  and  township  treasurers,  axe 

allowed  to  retain,  :is  coinini.-sions,  tw  two  per  cent.  1 1 j >< >u  the  amount 

pf  all  -inns  distributed,  paid  or  loaned  out  by  them."  A  literal 
construction  of  the  Language  of  the  law  would  require  the  com- 
missions to  lie  computed  on  the  amount  actually  disbursed,  and 
not  upon  the  whole  amount  on  hand.  In  other  words,  that  con- 
struction would  require  the  distribution  of  a  sum  which,  when 
increased  by  two  per  cent,  of  itself,  would  equal  the  whole  amount 
on  hand.  To  find  the  commissions  on  this  principle  :  divide  the 
whole  amount  by  102  ;  the  quotient  will  be  the  sum  to  be  dis- 
tributed, which  taken  from  the  whole  amount,  leaves  the  commis- 
sions. But  the  rule  sanctioned  by  universal  custom,  is,  simply  to 
deduct  two  per  cent,  of  the  amount  on  hand,  as  commissions, 
and  distribute  the  balance.  The  difference  in  the  results  of  the 
two  modes  of  computation  is  unimportant,  being  less  than  four 
cents  on  the  one  hundred  dollars. 

23.  Per  Diem  Account,  how  Collected. — The  mode  of  procedure, 
under  section  seventy-one,  in  relation  to  the  per  diem  account  of 
county  superintendents  is  not  specifically  pointed  out  in  the  act,  but 
the  common  practice  in  the  state  is  for  the  county  superintendent  to 
present  his  account,  duly  certified  and  sworn  to,  to  the  board  of 
supervisors,  or  county  court,  for  their  approval.  If  approved, 
they  instruct  their  clerk  to  draw  an  order  for  the  amount,  on  the 
county  treasurer,  in  favor  of  the  superintendent,  which  order  con- 
stitutes the  proper  voucher  of  the  treasurer,  who  thereupon  pays  the 
same.  This  course  seems  to  accord  with  the  spirit  and  intent  of 
the  school  law,  and  with  the  statutes  rco;ulatin<r  the  official  action 
of  county  treasurers.  It  is  also  approved  by  eminent  judicial  au- 
thority.    It  is  held,  however,  by  some  of  our  circuit  judges,  that 


OFFICIAL    AND    JUDICIAL    DECISIONS.  131 

the  per  diem  account  can  be  paid  without  an  order  from  the  super- 
visors or  court,  the  certificate  of  the  superintendent  being,  in  their 
estimation,  a  sufficient  voucher  for  the  treasurer.  If  the  treasurer 
deems  the  certificate  an  adequate  voucher,  he  will  of  course  act 
accordingly.  This  mode  of  payment  is  certainly  the  most  direct 
and  convenient,  and,  if  satisfactory  to  the  officers  concerned,  there 
can  of  course  be  no  objection  to  its  adoption.  In  either  case,  the 
sworn  statement  of  the  county  superintendent  is  to  be  deemed  con- 
clusive as  to  the  amount  justly  due.  The  account,  the  correctness 
of  which  is  vouched  for  by  the  oath  of  the  superintendent,  cannot 
be  reduced  or  changed,  except  upon  proof  of  deliberate  falsifica- 
tion or  fraud.  The  law  provides  that  the  account,  the  whole 
amount,  when  certified  and  sworn  to  "  shall  be  paid" 

24.  Entitled  to  Fall  Amount  of  Auditor's  Warrants. — The  war- 
rants issued  by  the  auditor  of  public  accounts  to  county  superin- 
tendents of  schools,  upon  county  collectors,  both  those  for  the 
school  tax  fund  and  for  the  interest  on  the  school  fund,  must  in 
all  cases  be  paid  in  full  by  said  collectors.  No  deduction  can  be 
made  for  commissions.  Those  warrants  are  issued  simply  as  a  mat- 
ter of  convenience,  to  save  the  trouble  of  paying  the  money  into 
the  state  treasury  and  then  paying  it  out  again  to  the  county  super- 
intendents of  schools.  Collectors  take  receipts  of  county  super- 
intendents for  the  full  amount  of  the  warrants  paid,  and  on  settle- 
ment with  the  auditor  they  are  credited  with  the  full  amount 
specified  in  said  receipts,  the  same  as  if  the  money  had  been 
actually  paid  into  the  treasury.  County  superintendents  have 
nothing  whatever  to  do  with  the  commissions  of  collectors ;  said 
commissions  are  allowed  and  paid  by  the  auditor  on  final  settle- 
ment of  collectors  with  the  state ;  and  if  any  collector  withholds 
any  part  of  the  sum  specified  in  the  warrants,  on  account  of  com- 
missions, or  on  any  other  account,  after  the  amount  of  said  war- 
rants is  collected  and  payable,  it  is  the  duty  of  the  superintendent 
to  proceed  against  said  collector  and  his  securities,  in  an  action  of 
debt,  in  the  county  court,  which  has  full  and  complete  jurisdiction 
in  the  premises.  And  the  collector  must  pay,  as  penal  damages, 
twelve  per  centum  upon  the  amount  due  and  in  default.  (§  70.) 
25.  Liable  for  Loss  of  Funds. — The  supreme  court,  30th  111., 
page  99,  in  reference  to  the  liability  of  township  treasurers  for 
the  safe  keeping  of  all  funds  coming  into  their  hands  as  such 
treasurers,  hold  the  following  strong  language:  "Township  treasur- 


182  OFFICIAL    \M>   J1  DK  I  iL    DE<  [8IONB. 

era  are  made  insurers  of  the  fundi  coming  t"  their  possession,  and 
nothing  hould  or  can  excuse  them  1  >n t  the  ad  of  <  rod,  or  of  the 
public  enemy.  A  di  tincl  and  well  defined  liability  it  imposed  on 
them  l>v  statute,  and  it'  it  be  not  met,  to  it-  fullest  extent,  the  fact 
that  the  omission  occurred  from  misfeasance,  or  negligence,  <»r  un- 
avoidable  accident,  or  by  a  felony  committed  by  another,  furnishes  no 
defense  to  the  action  on  the  bond."  The  official  relations  of  county 
superintendents  to  the  public  funds  coming  into  their  hands  ■\-i 
such,  being  identical  in  nature  with  those  of  township  treasurers, 
the  same  Btringenl  rule  of  responsibility  applies  to  the  former  as 
to  the  latter — they  are  equally  liable  on  their  * » f  1 1  < - 1 : 1 1  bonde  for  the 
loss  of  any  trust  funds  in  their  hands,  even  though  caused  1 
cident  or  the  felony  of  another.  I  <1<>  not  see  any  mode  of  relief 
in  any  Buch  case,  except  by  the  special  interposition  of  the  legis- 
lature. In  the  ease  of*  the  public  funds  distributed  by  county 
superintendents  under  section  sixteen  of  the  act,  the  liability  does 
not  cease  with  the  expiration  of  the  time  within  which  it  i-  the 
duty  of  township  treasurers  to  call  for  their  respective  amounts, 
but  remains  in  full  force  so  long  as  any  part  of  said  funds  remains 
in  their  hands.  Prudence,  therefore,  dictates  that  all  said  funds, 
when  received  and  payable,  should  be  paid  over  and  receipted  for 
with  as  little  delay  as  possible. 

26.  Security  for  School  Moneys  Loaned. — Section  fifty-nine  of 
the  act,  in  relation  to  the  loaning  of  school  funds  by  township  treas- 
urers, provides  that,  "  in  estimating  the  value  of  real  estate  mort- 
gaged to  secure  the  payment  of  money  loaned  under  the  provisions 
of  this  law,  the  value  of  improvements  liable  to  be  destroyed,  shall 
not  be  included."  Section  nineteen  provides  that  all  school  moneys 
loaned  by  county  superintendents,  shall  be,  "  upon  the  same  security 
as  is  provided  by  this  act  in  relation  to  the  township  treasurers." 
The  same  rule,  therefore,  applies  to  county  superintendents,  as  to 
township  treasurers,  in  regard  to  the  kind  of  security  that  can  be 
taken  for  school  moneys  loaned.  It  must  in  both  cases,  and  in  all 
cases,  be  real  estate,  not  liable  to  destruction,  unincumbered,  and 
in  value  double  the  amount  loaned.  Houses,  of  all  kinds,  are 
"  liable  to  be  destroyed,"  hence  they  cannot  be  included  in  esti- 
mating the  value  of  the  real  estate  given  as  security  for  funds 
borrowed  from  either  county  superintendents  of  schools,  or  town- 
ship treasurers.  The  fact  that  a  building  may  be  insured,  and 
that  the  borrower  will  assign  the  policy  as  additional  security, 


OFFICIAL    AND    JUDICIAL    DECISIONS.  133 

does  not  relax  the  rigor  of  the  law  in  the  case.     Experience  proves 
that  insurance  companies  themselves  are  "liable  to  be  destroyed." 

27.  Entitled  to  Whole  Amount  of  Fines. — In  cases  of  assault, 
the  complainant  is  not  entitled  to  any  part  of  the  fine,  or  to  any 
pay  whatever,  except  for  attendance  as  a  witness.  The  only  cases 
in  which  the  complainant  is  entitled  to  one-half  the  fine  is  in  what 
are  known  as  "qui  tam"  actions.  When  a  statute  imposes  a 
penalty  for  the  doing  or  not  doing  an  act,  and  gives  part  of  that 
penalty  to  whoever  will  sue  for  the  same,  and  the  other  part  to 
the  commonwealth  or  to  some  worthy  object  or  institution,  and 
makes  said  penalty  recoverable  by  action,  such  actions  are  called 
"  qui  tarn  "  actions.  Hence,  unless  the  statute  expressly  provides 
for  the  recovery  of  penalties  by  qui  tarn  actions,  the  informer  or 
complainant  is  entitled  to  no  part  of  the  fine.  Section  eighty-two 
does  provide  for  the  recovery,  by  such  actions,  of  penalties  against 
officers  failing  to  pay  over  fines  etc.  when  collected,  and  also,  alter- 
natively, in  the  case  of  trespassers  on  school  lands;  but  the  words, 
"  and  all  other  fines,  penalties  and  forfeitures,"  in  said  section,  do 
not  refer  to  qui  tarn  actions,  but  to  fines,  etc.,  recoverable  under  the 
general  statutes,  and  the  whole  amount  of  such  fines  must,  there- 
fore, when  recovered,  be  paid  to  the  county  superintendent. 

28.  Should  Not  Serve  as  Township  Treasurer. — A  county  su- 
perintendent should  not,  at  the  same  time,  hold  the  office  of  town- 
ship treasurer.  It  is  true  that  the  only  express  legal  restriction  is 
that  the  treasurer  "shall  not  be  a  director  or  trustee."  (§  32.)  But 
although  not  contrary  to  the  letter  of  the  law,  the  holding  the 
position  of  township  treasurer  by  a  county  superintendent,  is  in 
conflict  with  the  well  established  principle  that  the  same  person 
should  not  hold  two  such  offices  as  will  oblige  him  to  pay  over 
public  moneys  to  himself,  and  be  the  judge  and  custodian  of  his  own 
securities  and  vouchers.  This,  a  county  superintendent,  acting  as 
township  treasurer,  would  be  compelled  to  do.     (§§  15  and  16.) 

29.  May  Negotiate  Loans  in  Certain  Cases. — When  common 
school  lands  are  sold,  and  the  purchaser  pays  down  the  price,  or  a 
part  thereof,  in  cash,  it  is  the  right  of  the  township  treasurer  to 
demand  that  the  amount  so  paid  shall  be  turned  over  to  himself, 
to  be  loaned ;  and  it  is,  of  course,  the  duty  of  the  county  super- 
intendent to  comply.  But  if  the  former  waives  his  right  to  receive 
and  loan  said  funds,  and  the  township  trustees  request  it,  the  county 
superintendent,  acting  as  the  agent  of  the  trustees,  may  negotiate 


18  I  0FPI01  LI   and  .n  DIC1  \i.    DE(  tSIONfl. 

the  loan  and  perform  all  the  lervicea  connected  therewith,  retaining 
the  commissions  allowed  by  law,  being  the  same  that  the  treasurer 
would  have  been  entitled  to  had  thebusinese  been  transacted  by  him. 
The  notes,  mortgagee  and  other  securities,  in  such  cases,  must  be 
made  payable  to  the  board  of  trustees,  by  their  proper  corporate 
name,  the  same  as  if  the  loan  had  been  made  by  the  township  treas- 
urer, as  required  by  section  fifty-seven.  (§§  57,58,  <!-,  et  <>l.) 
:'.().     May   Examine  and   Correct  School  Land   Records.— The 

records  of  the  sales  of  school  lands,  which  arc  required  by  section 

fourteen,  are  of  great  importance.  Harassing  litigation,  and  vex- 
ations uncertainties  of  title,  etc.,  are  sure  to  result,  Booner  or  later, 

unless  these  records  are  full  and  clear.      The  statute  requires  them 

to  be  kepi  in  three  well  hound  hooks.  A  hook  of  certificates  and 
plats,  a  sale  hook,  and  a  cash  hook.  In  violation  of  this  require- 
ment, it  is  known  to  this  department  that  in  some  counties  the 

sale  hooks  show  hut  a  small  part  of  the  actual  numher  of  lots  dis- 
posed of ;  the  cash  books  are  incorrect;  and  the  plats,  etc.,  are 
not  recorded  in  book  A,  or  any  other  hook,  hut  on  scraps  of  paper 
and  in  other  unwarrantable  forms.  \\  nerever  those  valuable  records 
are  found  to  be  in  this  condition,  county  superintendents  will  he 
justifiable  in  putting  them  in  proper  shape,  or  causing  the  same 
to  be  done,  and  in  taking  such  steps  as  may  he  necessary  to  that 
end,  hy  inspecting  the  records  of  other  counties,  and  securing  rc- 
liable  data  wherever  and  however  it  can  legitimately  be  obtained. 

31.  Holds  Over  in  Certain  Cases. — Where  a  county  superin- 
tendent elect,  dies  before  being  duly  qualified,  it  would  seem,  from 
the  following  considerations,  that  the  former  incumhent  should 
hold  over.  The  power  of  a  county  court  or  hoard  of  supervisors 
to  appoint,  is  conditioned  upon  there  being  a  vacancy.  (§  13.) 
But  if  the  person  elected  does  not  qualify,  there  is  no  vacancy,  and 
hence  the  county  court  or  board  of  supervisors  cannot  appoint. 
Neither  does  the  law,  as  I  understand  it,  give  the  county  court 
any  authority  to  order  another  election.  Hence,  in  such  cases  the 
former  incumbent  holds  over  till  the  next  regular  election.  The 
foregoing  principle  has  been  recognized  and  applied  by  some  of 
the  circuit  courts  of  this  state. 

32.  Elections  in  Townships  Divided  by  County  Lines. — Section 
twenty-five  makes  it  the  duty  of  county  superintendents  to  order 
elections  of  township  trustees  when  treasurers  fail  or  refuse  to  do 
so.     In  townships  divided  by  county  lines,  the  election  in  such 


OFFICIAL    AND   JUDICIAL    DECISIONS.  135 

cases  may,  if  practicable,  be  ordered  by  the  two  superintendents 
jointly.  If  this  cannot  be  done,  the  election  may  be  ordered  by 
the  superintendent  of  the  county  in  which  the  sixteenth  section  of 
such  township  is  situated.  The  election  cannot  be  allowed  to  go 
by  default  through  supposed  lack  of  jurisdiction  on  the  part  of  the 
respective  superintendents.  The  foregoing  rule,  in  such  emer- 
gencies, is  sustained  by  the  principle  recognized  in  the  last  clause 
of  the  thirty-seventh  section  of  the  act,  and  is  the  only  perceiva- 
ble mode  of  procedure  in  such  cases. 

33.  Reports  of  Justices  and  Clerks  Under  Section  82. — All  fines, 
penalties  and  forfeiture  due  the  school  fund,  no  matter  how  long 
ago  they  were  imposed  or  incurred,  must,  if  collected,  be  paid  over 
to  the  county  superintendent,  and  may  be  recovered  "  in  a  qui  tam" 
action,  as  provided  in  section  eighty-two.  But  the  law  requir- 
ing clerks  of  courts  of  record,  and  justices  of  the  peace,  to  report 
the  amounts  of  fines,  etc.,  imposed  and  collected  by  them  respect- 
ively, should  not  be  construed  as  retroactive.  Said  reports  can  only 
be  demanded  from  and  after  the  passage  of  the  law  requiring  them, 
to  wit,  February  16,  1865.  These  reports  are  for  the  information 
of  county  superintendents,  to  keep  them  apprised  of  the  facts, 
whatever  they  may  be,  in  relation  to  these  funds,  and  said  reports 
should  therefore  be  rendered  by  the  first  of  March  every  year, 
whether  any  fines,  etc.,  have  been  imposed  and  collected,  or  not. 
If  there  have  been  no  transactions  since  the  former  report,  it  is 
important  for  the  superintendent  to  know  that  fact,  which  the 
blank  report  will  show.  There  may,  perhaps,  be  some  doubt  as 
to  whether  a  magistrate  can  be  compelled  to  report  unless  he  has 
imposed  a  fine,  etc.,  but  the  importance  of  reporting  annually,  in 
all  cases,  is  so  great  that  it  is  hoped  that  none  will  avail  themselves 
of  such  doubt  as  a  reason  for  not  reporting.  Superintendents  are 
enjoined  to  see  that  the  reports  are  promptly  rendered,  and  to  pro- 
ceed against  delinquents  as  provided  by  law.  "  No  rule  of  inter- 
pretation is  better  settled  than  that  no  statute  shall  be  allowed  a 
retrospective  operation,  unless  the  will  of  the  legislature  to  that 
effect  is  declared  in  terms  so  plain  and  positive  as  to  admit  of  no 
doubt."     {Bruce  vs.  Schuyler,  4  G-ilm.,  279.) 

34.  Action  Under  Section  21. — County  superintendents  must  see 
that  township  reports  are  returned  to  them  at  the  time  and  in  the 
manner  required  by  law,  and  in  default  should  at  once  proceed  as 
required  by  section  twenty-one.     If  imperfect  or  erroneous  reports 


L86  OPPIO]  IL    and   JUDK  iw.    DEI  [8* 

are  made,  they  should  be  returned  for  correction,  if  the  time  will 
permit  If  there  if  not  time  for  the  return  <>f  the  reports  for  <-or- 
reotion,  or  if  the  report!  are  enl  bad  by  the  treasurer,  -'ill  impor- 
ted or  erroneous, superintendent  should  endanagent  into  the  do* 
linquent  township,  the  same  as  if  do  reports  had  been  returned. 

86.  May  be  Teachers.  —Many  county  superintendents  ofschooli 
arc  also  engaged  in  teaching.  There  is  no  legal  impediment  bo 
this,  the  two  positions  are  not  incompatible.  Since,  then,  county 
superintendents  may  at  the  sane  time  be  teachers  j  and  -inc.-  every 
teacher  must  have  a  legal  certificate  of  qualifications,  (  §  52;)  and 
sine  such  :i  certificate  can  only  be  granted  by  the  superintendent 
of  the  county  in  which  the  Bchool  is  taught,  |  §  50  ;  |  it  follow! 
that  b  county  superintendent  may  teach  under  a  certificate  -i 
by  himself.  In  such  case  the  certificate  should  be  endorsed  by  the 
board  of  examiners.  (§  50.)  The  signature  of  the  superintend- 
ent, under  such  circumstances  is  <>nlv  a  necessary  legal  formality. 
There  are  many  analogies:  a  collector  must  sign  his  own  tax  receipt, 
and  be  its  custodian — a  city  clerk,  if  re-elected,  must  certify  to  his 
own  election,  etc.  The  best  way  to  avoid  the  seeming  anomaly  is, 
for  superintendents  desiring  to  teach,  to  obtain  state  certificates. 

36.  May  Procure  and  Furnish  Office,  etc. — It  is  held  that  the 
county  authorities  should  provide  a  suitable  office  for  the  use  of 
the  county  superintendent  of  schools,  and  supply  the  same  with 
furniture  and  fixtures  necessary  for  the  transaction  of  public  busi- 
ness, and  the  safe  keeping  of  the  public  moneys,  records  and 
papers.  It  is  not  seen  why  this  should  not  be  done  for  the  super- 
intendent of  schools,  the  same  as  for  other  county  officers.  Among 
the  articles  necessary  for  the  proper  equipment  of  the  county 
superintendent's  office,  are,  a  convenient  writing-desk,  or  secretary, 
with  as  many  pigeon-holes  as  there  are  townships  and  parts  of 
townships  in  the  county,  and  enough  extra  ones  for  the  proper 
classification  and  filing  of  miscellaneous  papers — one  or  more 
common  tables,  and  a  complement  of  chairs,  for  the  accommoda- 
tion of  applicants  for  certificates — a  small  book-case,  for  sample 
copies  of  text-books,  reference  books,  educational  works,  reports, 
etc. — good  maps  of  the  county  and  state,  etc.  If  the  county  au- 
thorities decline  or  neglect  to  provide  and  furnish  an  office,  the  su- 
perintendent may  do  it,  and  pay  the  necessary  expense  for  rent, 
etc.,  out  of  the  county  fund.  He  is  also  authorized  to  use  the  same 
fund  for  the  purchase  of  all  books,  blanks,  postage,  stationery  and 


OFFICIAL    AND   JUDICIAL    DECISIONS.  137 

printing,  necessarily  pertaining  to,  and  actually  used  in,  the  discharge 
of  his  official  public  duties — provided  the  same  are  not  furnished  by 
the  county  authorities  as  aforesaid.  The  strictest  economy  is,  how- 
ever, enjoined,  and  no  expense  must  be  charged  to  the  school  fund, 
the  incurring  of  which  is  not  clearly  legitimate  and  necessary.  For 
any  departures  from  this  plain  and  imperative  rule,  superintendents 
will  be  liable  on  their  bonds.  All  furniture,  fixtures,  books,  etc., 
belonging  to  the  office  must  be  carefully  preserved,  and  when  a 
county  superintendent  is  about  to  turn  the  same  over  to  his  suc- 
cessor, he  should  make  an  inventory  of  all  such  articles  as  are  sus- 
ceptible of  enumeration,  and  take  a  receipt  therefor,  in  duplicate, 
one  for  his  own  use,  the  other  for  file  with  the  county  clerk. 

37.  Should  Keep  Account  of  Services. — County  superintendents 
should  keep  cai'eful  accounts  of  all  official  services  rendered  by 
them,  noting  the  dates  and  places,  kind  of  service,  time  spent, 
and  the  compensation  charged.  In  recording  school  visitations, 
the  township  and  district  should  be  designated.  These  state- 
ments of  account  should  be  kept  in  a  well  bound  book  pro- 
vided for  the  purpose,  which  may  be  paid  for  from  the  school 
fund.  The  book  should  be  open  to  the  inspection  of  any  who  may 
be  entitled  to  examine  it.  When  a  detailed  statement  of  account 
is  requested  by  the  county  authorities,  the  superintendent  should 
furnish  it.  Such  statement  will  be  merely  a  transcript  from  the 
record  book  of  services  rendered.  It  is  right  and  proper  that 
county  authorities  should  be  informed  of  the  acts  and  doings  of 
their  county  superintendents,  if  they  desire  it,  as  well  as  of  other 
county  officers.  It  is  true  that  county  authorities  do  not  usually 
require,  or  claim  the  legal  right  to  require,  an  itemized  statement 
of  account ;  but  a  full  record  should  nevertheless  be  kept,  and  a 
transcript  furnished  when  requested.  All  public  business  should 
be  done  in  a  careful  and  methodical  manner,  and  with  such  accu- 
racy and  fidelity  as  to  welcome  scrutiny  and  defy  suspicion.  Such 
a  record  of  official  services  may,  moreover,  be  of  much  local  and 
historical  value  in  the  future. 

38.  Newly  Organized  Townships. — The  forfeiture  of  school  funds 
for  failing  to  have  a  six  months'  school  annually,  does  not  apply 
either  to  newly  organized  districts  or  townships.  If  a  township  is 
first  laid  off  into  school  districts  in  October,  for  instance,  the 
county  superintendent  should  allow  said  township  its  due  propor- 
tion of  public  funds  at  the  distribution  made  the  following  April. 


188  "i  ri'  i  11    \m»   TVDH  i  \i.    Mi.-  i  -i 

This  is  to  enable  the  several  distrioti  of  the  newly  organized  town- 
ship to  commence  operation!  under  the  law.  Thereafter  the  claim 
of  the  township  to  participate  in  the  distribution,  will  real  npoo 
mplianoe  with  the  six  months1  rule  of  the  law,  the  same  M 
others,  [f,  io  1 1 1« •  <  :i  e  supposed,  no  district  of  the  township  should 
maintain  i  -i\  months'  school  by  the  80th  day  of  September  fol- 
lowing, the  law  in  regard  to  forfeiture  would  be  in  full  force  and 
effect,  and  no  more  fundi  could  be  apportioned  to  laid  township 
until  it  should  comply  with  the  provision!  of  the  statute.  En 
funds  should  be  apportioned  to  a  newly  organised  township  as 
above  stated,  and  no  district  of  said  township  should  sustain  r  -ix 
months' school  within  one  year  from  the  organization  of  said  town- 
ship,  (  the  fund  remaining  of  course  in  the  handt  of  the  township 
treasurer, )  it  would  be  the  duty  of  the  county  superintendent  to  de- 
mand, and  of  the  township  treasurer  to  pay  over,  said  funds,  t<>  I 
apportioned  t<>  the  other  townships  of  the  county,  or  to  such  of  them 
as  had  complied  with  the  law.  S:ii<l  funds  could  not  1"'  added  to 
the  principal  of  the  township  fund,  nor  allowed  to  remain,  idle,  in  the 
hands  of  the  treasurer,  but  should  be  returned  to  the  superintend- 
ent to  be  re-distributed.  It  is  the  spirit  of  the  school  law  to  favor 
those  townships  and  districts  which  do  their  part,  and  to  impose 
penalties  upon  those  which  do  not;  and  to  see  that  every  dollar  of 
the  public  money  is  made  to  contribute  to  the  interests  of  schools. 

39.  Fines  and  Penalties,  <ni<l  the  School  Fund — Rule  qf  Ac- 
tion.— It  is  important  to  know  what  fines,  penalties  and  forfeitures 
are  given  by  the  school  law  to  the  school  fund.  Cases  of  appar- 
ent difficulty  often  arise,  which  can  be  disposed  of  at  once  by 
reference  to  the  proper  rule.  A  careful  examination  of  the  law, 
(§  82,)  shows  that  "  all  fines,  penalties  and  forfeiture.-."  no  matter 
for  what  cause,  no  matter  how  great  or  how  small,  no  matter  against 
whom  they  may  be  adjudged,  when  "imposed  or  incurred  in  any 
of  the  courts  of  record,  or  before  any  of  the  justices  of  the  peace 
of  this  state,"  belong  to  the  school  fund,  with  but  two  exceptions. 
This  language  includes  every  court  in  Illinois,  for  all  are  courts  of 
record  except  justices  of  the  peace.  It  includes  everything  then, 
which  is  either  fine,  penalty  or  forfeiture  in  the  widest  legal  sense 
of  those  words,  save  what  is  named  in  these  two  exception-.  And 
what  are  they  ? 

1.  The  first  is :  such  as  are  imposed  or  incurred  in  an  incorpo- 
rated town  for  the  violation  of  a  by-law  thereof. 


OFFICIAL   AND    JUDICIAL    DECISIONS.  139 

2.  The  second  is :  such  as  are  imposed  or  incurred  in  an  in- 
corporated city,  for  the  violation  of  an  ordinance  thereof. 

Having  stated  the  uniform  rule,  and  the  exceptions,  the  decision 
of  any  particular  case  is  easy.  Was  the  fine  imposed  for  violation 
of  town  by-law  or  city  ordinance?  If  not  it  must  belong  to  the 
school  fund.  No  matter  what  the  form  of  proceeding,  or  how  en- 
titled ;  it  may  be  a  fine  for  contempt  in  which  no  papers  are  made  ; 
in  all  cases  the  test  here  given  indicates  with  unfailing  certainty 
where  the  fine  should  be  paid. 

40.  Fines  may  be  Loaned. — By  section  nineteen  of  the  act, 
county  superintendents  are  expressly  authorized  to  "  loan  any 
money,  not  interest,  belonging  to  the  county  fund,  before  the  same 
is  called  for  according  to  law  by  the  township  treasurer,  at  the 
same  rate  of  interest,  upon  the  same  security,  and  for  the  same 
length  of  time,  as  is  provided  in  relation  to  township  treasurers." 

Now,  the  amount  of  fines,  etc.,  received  under  section  eighty- 
two,  is  not  interest,  and  it  belongs  to  the  county  fund  ;  it  may, 
therefore,  be  loaned  in  the  manner  provided  by  law,  until  it  is 
liable  to  be  "  called  for  according  to  law,"  which  is  on  or  about  the 
first  of  March.     (§  70.) 

41.  Sale  of  School  Lands  of  Fractional  Totvnships,  Saving  no 
Sixteenth  Section. — There  are  some  fractional  townships  which  do 
not  contain  a  section  numbered  sixteen.  In  these  cases  Congress 
provides  for  the  selection  "  of  other  lands  equivalent  thereto,  and 
as  contiguous  as  may  be."  Thus  it  sometimes  occurs  that  the 
school  lands  of  a  township  do  not  lie  within  the  limits  of  that  par- 
ticular township.  In  a  case  where  the  township  itself,  being 
fractional,  lies  within  one  county,  and  its  school  lands  in  another 
county,  the  question  arises:  who  ought  to  sell  these  lands  when 
the  sales  come  to  be  made,  the  school  superintendent  of  the  county 
in  which  the  township  is  situated,  or  the  superintendent  of  the 
county  where  the  lands  lie?  The  answer  must  be  founded  upon  the 
law  itself.  By  section  eighty-one  of  the  school  law,  the  provisions 
in  relation  to  other  school  lands  are  made  applicable  to  these  lands 
not  within  the  townships  to  which  they  belong.  What,  then,  are 
these  provisions?  By  section  eighty-three  we  find  that  when  the 
inhabitants  of  any  township  desire  the  sale  of  the  school  lands  be- 
longing to  that  township,  they  are  directed  to  petition  the  "county 
superintendent  of  the  county  in  which  the  school  lands  or  the 
greater  portion  thereof  lie."     This  very  case  seems  to  have  been 


1  10  01  PIC]  W.    AND    .M  l>[i  I  M.  ►NR. 

>  n  and  provided  for.  The  di  ict  section  provides  thai  when 
the  petition,  etc.,  is  delivered  to  thi  county  superintendent 
afore  aid,"  he  shall  subdivide  the  land  into  Iota.  Section  cighty- 
seven  provides  thai  the  "counti  luperintcndenl  shall  eiv<  notice, " 
and  section  eighty-eighl  prescribes  the  manner  in  which  the  "su- 
perintendent shall  sell." 

A  careful  examination  <>f  these  various  sections  leaves  do  doubt 
thai  the  officer  meant  is  the  one  described  In  the  eighty-third 
tion,  viz:  the  school  superintendent  of  the  county  where  the  lands 
lie.  This  appears  t"  be  the  only  conclusion  warranted  by  a  fail 
interpretation  of  the  language  of  the  statute,  and  w<  must  take 
the  law  as  we  find  it,  and  obey  it-  directions. 

42.  Relations  to  County  Courts  or  Boards  of  Supervisors. — 
The  acl  amending  the  school  law,  approved  February  28,  L867, 
does  not  change  section  seventy  -one,  of  the  act  of  February  l,->, 
1865,  except  in  two  particulars,  viz:  It  changes  the  rate  of  com- 
pensation allowed  county  superintendents  of  schools,  from  three 
dollars  a  day  to  five  dollars  a  day  ;  and  it  allows  said  compensa- 
tion for  any  number  of  days'  ''services actually  rendered,"  instead 

of  for  the  specific  maximum  number  of  two  hundred  day-,  as  was 
the  case  before.     It  does  not   in  any  manner  change  the  mode  of 
rendering  and  paying  the  accounts  of  county  superintendents. 
The  amendment,  taken  in  connection  with  that  part  of  section 

seventy-one  which  is  not  changed,  would  read  as  follow-  : 

County  superintendents  of  schools  "shall  be  entitled,  in  lieu  of 
the  per  diem  now  allowed  by  law,  and  exclusive  of  commissions, 
to  be  paid  semi-annually  from  the  county  treasury  of  their  re- 
spective counties,  as  compensation  for  their  services,  the  sum  of 
five  dollars  per  day,  for  services  actually  rendered  ;  which  account 
shall  be  certified  and  sworn  to  by  the  county  superintendent." 

The  main  question  is:  Does  the  law  contemplate  that  these 
accounts  shall  be  passed  upon  by  county  courts,  as  to  the  kind, 
amount,  and  faithfulness  of  the  services  rendered,  and  the  com- 
pensation justly  due  therefor;  and  including,  of  course,  the  right 
to  change,  increase  or  diminish,  the  amount  claimed,  as  they  may 
deem  just  and  right — or,  on  the  other  hand,  is  the  sworn  .-tate- 
ment  of  the  county  superintendent  to  be  regarded  as  the  specific 
and  conclusive  legal  evidence  upon  which  the  account  is  to  be 
paid,  as  a  proven  account? 

From  a  careful  examination  of  the  language  of  the  statute,  I  am 


OFFICIAL    AND    JUDICIAL    DECISIONS.  141 

of  the  opinion  that  the  latter  is  the  proper  construction.  The  law 
simply  provides  that  the  account  shall  be  "certified  and  sworn  to," 
and  that  thereupon,  it  "  shall  be  paid,  from  the  county  treasury." 

There  is  nothing  in  the  act  that  seems  to  require  or  to  contem- 
plate that  the  account  shall  be  canvassed  and  audited  by  the 
court,  or  that  seems  to  confer  upon  the  court  any  supervisory 
power  in  respect  either  to  the  number  of  days  charged,  or  to  the 
expediency  or  necessity  of  the  services  rendered.  It  seems  to  be 
a  case  in  which  the  legislature  has  seen  fit  to  prescribe  the  par- 
ticular evidence  upon  which  the  account  shall  be  paid,  namely,  the 
statement  and  affidavit  of  the  officer  himself;  and  when  the  pre- 
scribed evidence  is  furnished,  in  due  form,  it  would  seem  to  be  the 
duty  of  the  court,  without  discretion,  to   order  the  account  paid. 

If  it  is  charged  that  the  superintendent  has  sworn  falsely — that 
he  has  brought  in  a  bill  for  any  services  not  actually  rendered — 
or  that  he  is  guilty  of  any  "palpable  violation  of  law,"  (§  13,) 
or  of  a  willful  perversion  of  its  obvious  intent  and  meaning — or  if 
any  palpable  wrong,  or  untruth,  or  intention  to  deceive,  or  to 
commit  a  fraud,  appears  in  the  account  itself — for  these  offences, 
or  any  of  them,  if  a  clear  case  can  be  made  out,  payment  of  the 
bill  can,  of  course,  be  refused  by  the  court,  and  the  superintend- 
ent himself  removed  from  office  and  otherwise  punished,  as  pro- 
vided in  the  thirteenth  section  of  the  act. 

But  unless  some  palpable  dishonesty,  fraud,  or  corruption  is 
charged,  or  clearly  appears,  I  think  the  sworn  statement  of  the 
superintendent  must  be  regarded  as  final  and  conclusive.  I  may 
add  that  some  of  our  circuit  judges  have  not  only  concurred  in 
this  view  of  the  law,  but  have  also  held  that  county  superintend- 
ents are  not  bound  to  submit  their  accounts  to  the  supervisors  at 
all,  but  may  hand  their  sworn  statements  to  the  county  treasurer 
directly,  without  an  order  from  the  board,  and  receive  their  pay ; 
and  in>at  least  one  or  two  instances  this  has  been  done.  I  cannot, 
however,  regard  such  a  course  as  expedient,  even  if  warrantable. 

In  respect  to  the  number  of  days  that  a  county  superintendent 
may  spend  in  the  visitation  of  schools — or  the  number  of  times 
that  he  may  visit  the  same  school  or  schools — or  the  number  of 
public  or  private  examinations  of  teachers  that  he  may  hold — or 
the  number  of  days  that  he  may  spend  in  office  work  or  general 
official  business,  &c,  &c,  I  am  of  the  opinion  that  he  is  clothed 
by  law  with  very  large  discretion ;  that  all  such  matters  are,  and 


1 12  0FFX01  II   am>   JUDICIAL   DI0X8X0] 

inn!  be,  peculiarly  within  the  control  of  the  county  superintendent, 
iiinl  iii.it  even  if  he  errs  in  hie  action,  n<>  fraud  or  corruption  being 
charged,  the  courl  cannot  properly  interfere.  It  must  be  presumed 
thai  he  acted  in  accordance  with  his  best  judgment  of  the  interest* 
of  common  schools,  and  of  his  duties  under  the  law,  and  in  good  faith, 
unless  a  palpable  case  is  made  out,  and  some  gross  corruption  or 
fraud  is  shown.  Thai  the  superintendent  has  such  large  discretion 
in  the  matters  above  enumerated,  will,  I  think,  be  apparent  from  the 
language  used  in  the  twentieth  and  fifty-first  sections  of  the  act. 

In  conclusion,  then,  I  am  of  the  opinion  thai  county  superin- 
tend<  ate  "i  schools  are,  by  law,  constituted  the  judges  of  the 
necessity  or  expediency,  as  well  as  of  the  amount,  of  tl"-  educa- 
tional :unl  official  duties  and  services  which  they  are  required  to 
perform,  and  that  their  honest  acts  in  the  premises,  cannol  be 
judicially  inquired  into ;  but  that  "  for  any  palpable  violation  of  law 
or  omission  of  duty,"  they  may  be  promptly  removed  from  office 
by  the  county  court  or  board  of  supervisors. 

Most  of  the  points  involved  in  this  opinion  have  been  elsewhere 
considered  in  this  work,  although  from  a  different  Btand-point,  and 
with  a  somewhat  different  aim  :  their  practical  importance  Beems 
to  justify  this  additional  discussion,  and  must  excuse  the  repeti- 
tions that  will  be  observed.  [School  Laics,  1865,  §§  L3,  20,  "<1, 
71;  Amend.,  1867,  §  1;  Metz  v.  Amir,,,,,  -J::,  ///..  168.] 

43.  Appeals. — It  is  the  duty  of  county  superintendents  to  hear 
and  determine  all  controversies  arising  under  the  school  law,  (§  "20,) 
and  to  inform  the  parties  concerned  that  such  cases  should  not  be 
submitted  to,  and  cannot  be  entertained  by,  this  department,  until 
they  have  been  passed  upon  by  the  county  superintendent,  as  re- 
quired by  law.*  This  applies  only  to  questions  of  a  controversial 
character.  County  superintendents  will  be  careful,  in  appeals,  to 
state  all  the  material  facts,  to  the  satisfaction  of  the  parties,  tor  the 
decision  of  the  state  superintendent  will  always  be  rendered  upon 
the  statement  given  and  certified  by  the  county  superintendent. 
"Where  an  agreed  case  cannot  be  made  up,  the  county  superintend- 
ent will  state  the  facts  of  the  case  to  the  best  of  his  knowledge 
and  belief,  and  attach  his  certificate  thereto,  and  the  opinion  of  the 
state  superintendent  will  be  based  upon  such  certified  statement. 
Attention  to  these  points  will  save  parties,  and  this  office,  from 
much  unnecessary  trouble,  and  greatly  promote  the  quiet,  prompt 
and  satisfactory  administration  of  the  school  system. 


OFFICIAL   AND   JUDICIAL    DECISIONS.  143 


II.    TOWNSHIP  TRUSTEES. 

1.  Basis  of  Apportionment. — Trustees  must  apportion  school 
funds  to  districts  upon  the  basis  prescribed  in  section  thirty-four 
of  the  act;  one-half  upon  census  of  children  under  twenty-one, 
and  the  other  half  upon  the  attendance  certified  in  the  schedules. 
No  other  rule  or  mode  of  distribution  is  legal. 

2.  Grounds  of  Claim  To. — A  six  months'  free  school,  kept  ac- 
cording to  law,  is  the  only  ground  upon  which  a  district  can  claim 
a  distributive  share  of  the  public  school  fund.  Trustees  must 
withhold  the  public  funds  from  any  district  which  has  not  com- 
plied with  this  fundamental  rule.  The  rule  has  reference  to  the 
preceding  school  year,  and  does  not  apply  to  newly  organized  dis- 
tricts. The  school  year  begins  Oct.  1,  and  ends  Sept.  30.  If 
any  district  has  a  six  months'  school  between  Oct.  1  and  Sept.  30, 
of  any  school  year,  that  district  is  entitled  to  its  share  of  the 
school  fund,  both  on  census  and  schedule,  at  the  April  and  Octo- 
ber distributions  of  the  following  school  year.  A  six  months' 
school  must  be  kept  in  each  and  every  year.  It  will  not  satisfy 
the  law  to  average  the  time  of  two  or  more  years,  taking  the  sur- 
plus months  of  one  year  to  make  good  the  deficiency  of  another. 
To  comply  with  the  law,  a  school  must  be  kept  for  six  different 
months  in  each  year.  Hence  the  requirement  is  not  satisfied  by 
having  two  different  schools  in  a  district  during,  the  same  three 
months.  Each  school  in  such  a  case  must  cover  a  period  of  three 
different  months  to  constitute  the  legal  six  months.  Since  only 
those  districts  which  have  complied  with  the  law  can  receive 
public  funds,  and,  since  all  the  public  money  on  hand  must  be 
apportioned  semi-annually,  it  follows  that  a  portion  of  the  dis 
tricts  of  a  township,  or  even  a  single  district  may  be  entitled  to 
the  whole  amount  of  funds  on  hand ;  thus,  if  but  one  district  in  a 
township  complies  with  the  law,  that  district  will  receive  the 
whole  distributive  fund  of  the  township. 

3.     Surplus  District  Funds. — If  any  district  have  a  surplus  of 
public  money  remaining  after  paying  schedules  and  other  school 


Ill  OFFICIAL  AMD  9\  i»i«  i  w.    DE4  UK 

ezpei  d    nrplusdo  >  back  into  the  township  fund, 

hut  belongs  to  the  district,  and  will  !"•  held  by  the  township 
urer     abject    to   the    orders   of   the    directors    thereof! 
Monej  once  apportioned  to  a  district  is  ever  after  subject  to 
the  exc  m  ive  orders  of  the  directors  of  that  district. 

■I.     Fundi  of  Townships  lying  partly  in  two  Oountu  . —  Wlien 
a  township  lies  partly  in  two  or  more  counties,  and  the  I 
nrer  receives  public  money  from  the  superintendents  "f  each 
county,  the  funds  so  received  should  \«-  merged  and  ti- 
ns <<//<  common  fund.     It  is  clear  from  the  thirty-fourth  Bection 
df  the  act   that  in  ili«'  distribution  of  the  -tat'-,  county  and 
township  funds,  every  township  is  '<>  !><■  taken  ;i-  a  unit,  and 
tlu'  distribution  musl  be  made  i"  all  the  districts  which  have 
had  schools  according  to  law,  without  regard  to  county  lines. 
Trustees  cannot  cause  the  portion  of  count)-  fund  received 
from  each  superintendent  to  be  expended  exclusively  in  that 
part  of  the  township  which  lies  in  the  county  of  that  superin- 
tendent, hut  must  make  one  common   fund  of  the  amOUl 
received,  and  distribute  as  aforesaid.     The  apportionment  be- 
ing  made  under  one  uniform  state  law,  the  accidei  unty 

lines  are  not  to  be  taken  into  the  account.  The  case  of  swamp 
hind  funds,  which  have  recently  accrued  in  some  of  the  coun- 
ties, seems  to  form  an  exception,  and  the  only  one,  to  the 
foregoing  rule.  The  interest  of  such  funds  may  be  appor- 
tioned exclusively  to  the  districts  of  that  part  of  the  to\vn>hip 
which  is  in  the  county  having  such  swamp  land  fund,  when 
specifically  so  ordered  by  the  county  court  or  board  of  super- 
visors. These  are  special  cases.  But  the  swamp  land  com- 
missioner should  not  pay  the  money  to  the  dire -tors,  but  to 
the  township  treasurer,  to  be  by  him  distributed  to  the  dis- 
tricts of  the  proper  county.  Directors  are  not  authorized  to 
act  as  the  custodians  of  that  fund,  or  any  other.  When  the 
Bwamp  land  fund  is  placed  iu  the  hands  of  the  county  super- 
intendent, to  be  by  him  invested,  and  the  interest  to  be  dis- 
tributed with  the  other  state  and  count}'  fund,  the  same  rule 
may  be  observed  with  reference  to  townships  divided  by 
county  Hues  as  when  the  interest  of  the  fund  is  paid  by  the 
swamp  land  commissioner  directly  to  the  respective  township 
treasurers.  And  to  this  end,  said  fund  should,  in  such  cases, 
be  kept  separate  by  the  county  superintendent,  so  that  treas- 


OFFICIAL   AND   JUDICIAL   DECISIONS.  145 

urers  of  factional  township,  may  pay  out  said  fund  to  the 
proper  districts  only. 

5.  Trustees  Cannot  Borrow  Township  Funds. — There  can  be  no 
question  but  that  the  loaning  of  any  portion  of  the  school  fund 
under  the  control  of  the  trustees,  by  themselves,  to  one  or  more 
of  their  own  number,  is  wholly  without  any  sanction  of  law. 
It  brings  their  individual  interests  in  conflict  with  their  trust  du- 
ties, and,  aside  from  the  express  provisions  of  the  forty-second 
section  of  the  act,  is  contrary  to  the  general  principles  of  law 
governing  trust  relations  and  official  conduct.  Such  a  trans- 
action is  of  the  nature  of  a  "contract,"  in  the  sense  of  the 
statute,  and,  as  such,  is  explicitly  prohibited  in  the  forty-second 
section  of  the  law.     {Moore  v.  School  Trustees,  19  III,  86.) 

6.  Division  of  District  Funds  and  Property. — £so  division  of 
school  funds  or  property  is  to  be  made  by  the  trustees  unless 
a  new  district  is  formed.  If  a  portion  of  territory  is  cut  off 
from  one  district. and  attached  to  another,  thereby  changing 
the  boundaries,  without  establishing  a  new  district,  no  division 
of  funds  or  property  is  required.  This  applies  also  to  the  case 
of  the  dissolution  of  a  district,  by  attaching  one  portion  of  it  to 
one  adjoining  district,  and  the  other  portion  of  it  to  another 
adjoining  district,  thereby  abolishing  the  first  named  district. 
In  such  case,  each  of  the  adjoining  districts  will  take  what  falls 
to  it  by  the  division  line  of  the  trustees,  and  no  more.  !No 
other  distribution  of  the  property  of  the  divided  district  should 
be  made.  The  house,  etc.,  belongs  to  the  district  to  which  it 
falls  by  the  action  of  the  trustees.  As  neither  of  the  two  dis- 
tricts has  any  claim  to  the  school  property  of  the  other  district, 
the  one  to  which  the  said  property  does  not  fall,  has  no  right 
to  complain  ;  while  the  one  to  which  said  property  does  fall, 
should  be  thankful  for  its  good  fortune.  When  a  new  district 
is  formed,  all  funds  on  hand  must  be  distributed  at  the  time  such 
new  district  is  formed,  and  all  funds  due,  but  not  yet  paid  in, 
must  be  divided  as  soon  as  received,  except  in  case  of  debts 
etc.,  as  hereafter  noted ;  and  the  distribution  in  both  cases, 
must  be  made  in  proportion  to  the  amount  of  taxes  collected 
from  the  property  remaining  in  each  district.  "When  a  new 
district  is  formed,  the  school  property,  such  as  houses,  sites,  etc., 
must  be  appraised,  and  the  value  thereof  apportioned  among 

the  several  districts  in  proportion  to  the  amount  of  taxable 
10 


1  If,  OFFII  LAX    \m-   JUDU  I  LI    M.<  I  III 

property  remaining  in  each  district  The  law  requires  a  prompt 
di\  i  ionof  funds  and  apportionment  pf  the  vain.'  of  school  prop- 
erty. The  appraisal  and  apportionment  of  the  value  of  school 
property  Bhoold  be  made  al  t li«-  time  the  new  distrid  i-  fori 
and  it  mu,  i  be  made  within  thru  months.  For  refusal  to  make 
the  appraisal  and  distribution  required  by  law,  the  tn 
liable.  (§!  76,  77.)  It  will  be  observed  that  funds  and  prop- 
erty must  be  apportioned  by  different  rules— the  former  on  the 
basis  of  taxes  collected,  and  the  latter  on  that  of  the  taxable 
property  remaining  in  each  district  These  rules  of  distribu- 
tion must  1"'  Btrictly  adhered  to.  When  a  new  district  is 
tiu-uied  hy  consolidation  of  two  or  more  districts,  the  new  dis- 
trict bo  formed  owns  all  the  corporate  funds  and  property  of 
the  constituent  districts.  (§  33.)  "Where  a  school-house  be- 
longs to  a  district,  hut  not  the  site  on  which  it  stand-,  the  ap- 
praised value  of  said  house  must  he  apportioned  as  above. 
The  fact  that  the  district  does  not  own  the  site,  does  not  release 
it  from  the  obligation  to  divide  the  value  of  the  house  which 
it  docs  own,  and  which  both  districts  helped  to  build.  After 
the  school  property  is  appraised  and  apportioned  as  aforesaid, 
it  is  optional  with  the  directors  of  the  district  in  which  the 
school-house  and  other  property  is  situated,  to  retain  the  same, 
and  levy  a  tax  upon  their  district  to  pay  the  amount  due  the 
other  district,  or  to  cause  the  same  to  be  sold  and  the  proceeds 
to  be  apportioned  as  aforesaid.  Should  they  elect  to  retain 
the  property  and  fail  or  refuse  to  levy  the  amount  due  the 
other  district,  the  trustees  of  the  township  must  sell  said  prop- 
erty by  auction  or  otherwise,  and  divide  the  proceeds  as  afore- 
said. Or  the  directors  may  be  compelled,  by  writ  of  manda- 
mus, to  levy  the  necessary  tax.  If  the  portion  of  territory  con- 
taining (he  school-house  is  cut  off  from  one  district  and  attached 
to  another,  the  former  district  has  a  valid  claim  to  the  house 
and  should  be  allowed  to  move  it  back,  or  receive  its  value 
from  the  other  district.  This  does  not  conflict  with  the  spirit 
of  the  rule  that  there  is  to  be  no  division  of  property  where 
no  new  district  is  formed.  It  is  not  the  intention  of  the  law 
that  any  district  should  lose  a  portion  of  its  territory  and  its 
school-house  too.     (§  49.) 

7.    Formation  of  Districts  and  Change  of  District  Boundaries, — 
Authority  to  lay  off  townships  into  school  districts  ;  to  form 


OFFICIAL   AND   JUDICIAL   DECISIONS.  147 

new  districts ;  and  to  alter  or  change  the  boundaries  of  dis- 
tricts after  they  have  been  established,  is  vested  by  law  in 
boards  of  township  trustees.  In  deciding  this  point,  the  su- 
preme court  hold  the  following  conclusive  language  : 

"Eo  vote  of  the  people;  no  petition  is  required;  but  the 
trustees  are  peremptorily  required  to  lay  off  the  township  in- 
to districts ;  and  they  are  directed,  in  so  doing,  to  suit  the 
wishes  and  convenience  of  the  inhabitants  of  the  township. 
There  being  no  mode  provided  by  the  act  by  which  this  is  to 
be  accomplished,  the  board  must  necessarily  take  the  respon- 
sibility of  deciding  the  question,  acting  upon  the  best  lights 
before  them,  and  exercising  their  best  judgment.  They  must 
perform  that  duty ;  and  their  honest  action  cannot  in  this 
manner  be  inquired  into  ;  and  the  power  to  alter  and  change 
districts,  when  once  established,  is  expressly  given  to  the 
trustees,  by  the  same  section — the  only  limitation  being,  that 
it  shall  be  done  at  a  regular  meeting  of  the  board." 

While  no  change  or  alteration  can  be  made  in  the  bounda- 
ries of  schpol  districts,  except  at  a  regular  session,  yet  if  a 
proposition  to  alter  or  change  a  district  is  presented  at  such 
regular  meeting,  but  not  acted  on,  for  want  of  time  or  other 
sufficient  reasons,  such  proposition  may  be  taken  up  and  dis- 
posed of  at  an  adjourned  meeting.  Such  an  adjourned  meet- 
ing is  to  be  regarded  as  merely  a  continuation  of  the  regular 
session.  But  no  proposition  to  change  the  boundaries  of  dis- 
tricts can  be  considered  or  acted  upon  by  the  trustees  at  any 
adjourned  meeting,  unless  said  proposition  was  first  submitted 
to  them  at  a  regular  semi-annual  meeting.  The  regular 
meetings  of  trustees  may  be  continued  from  day  to  day,  or 
adjourned  to  be  held  at  any  other  time.  Trustees  are  author- 
ized to  divide  their  townships  into  one  or  more  school  districts, 
being  governed  in  the  number  of  such  districts  only  by  what 
the  best  interests  of  the  township  seem,  in  their  judgment,  to 
require.  Districts  may  be  established,  composed  of  parts  of 
two  or  more  adjoining  townships  or  counties;  in  which  case 
the  concurrence  of  the  trustees  of  the  interested  townships  is 
necessary ;  but,  when  such  districts  are  formed,  they  cannot 
be  changed  without  the  consent  of  a  majority  of  the  trustees 
of  each  township.  The  same  parties  whose  concurrence  is 
required  in  the  formation  of  such  districts,  must  concur  also 


148  "ii  i'  I  LL    am»   J\  i'i<  i  LI    DE4  IBH 

i,,  the  dissolution  or  chai  ich  di  strict*.     It  i  ■  not  nee- 

v  thai  the   leveral   board   of  tru  teei  meel  together  in 
',,,ini  session  in  order  to  "concur"  in  the  f  the  ac1 ;  all 

thai  i  essential  it  thai  each  board  Bhonld  agree  to  the  pro* 
posed  action.    |  Met    v.  Andei  on,  28  ?#.,  W 

s.    Schedules— Six  Months'    Tbde—Day  of   .'  nmenl — 

'I',  n  tee  are  personally  liable  for  any  loss  resulting  from  their 
aeglecl  t"  apportion  apon  a  schedule  before  them  which  has 
been  legally  accredited  by  the  directors  and  filed  with  the 
township  treasurer,  [t  is  their  duty  to  allow  every  schedule 
B0  reported  and  filed,  its  jusl  Bhare  in  the  apportionment  of 
ii,,.  public  funds  in  proportion  t>»  tin-  attendance  certified,  ex- 
cept in  cases  i»t'  manifest  deception  or  fraud,  which  always 
vitiates.  Trustees  have  no  more  right  to  cut  down  the  sched- 
ules to  an  average  of  six  months,  than  they  have  to  prescribe 
n,  uniform  rate  of  teachers'  wages  in  the  township.  They 
must  apportion  one-half  by  schedule,  no  matter  whether  one 
district  has  had  more  school  than  another,  or  not — that  is  no 
affair  of  the  trustees,  so  far'as  dividing  the  money  is  concerned. 
Nor  docs  it  concern  the  trustees  whether  a  special  tax  will  he 
necessary  or  not,  in  each  district;  that  is  the  business  of  the 
directors.  Each  schedule  must  receive  full  credit  for  the 
"attendance  certified,"  whether  it  be  ten  days,  or  ten  thou- 
sand. One-half  is  apportioned  upon  the  census,  for  the  benefit 
of  the  weaker  districts,  where  the  attendance  is  less,  and 
schools  cannot  be  sustained  more  than  six  months  in  the  year — 
the  other  half,  upon  the  schedules,  to  encourage  a  full  attend- 
ance, and  longer  terms  of  school.  It  is  by  no  means  the 
intention  of  the  law  to  limit  the  term  of  school  to  six  months, 
but  to  promote  extension  beyond  that  time,  and  as  an  incen- 
tive to  this,  each  district  has  the  benefit  of  such  extension,  in 
the  increased  sum  apportioned  upon  schedule.  This  wise  and 
excellent  provision  would  be  of  no  effect,  if  any  board  of 
trustees  could,  at  will,  cut  down  all  the  schedules  to  a  mini- 
mum average,  or  to  any  other  average.  It  is  supposed  by 
some  that  trustees  cannot  apportion  funds  on  schedules  cov- 
ering a  less  period  than  six  months.  This  is  an  error,  and 
arises  from  a  misapprehension  of  the  law  requiring  a  six 
months'  school.  The  six  months'  school  maybe  taught  at  any 
time  during  the  year— either  in  six  consecutive  months  or  at 


OFFICIAL   AND   JUDICIAL    DECISIONS.  149 

different  times  in  the  year,  and  the  trustees  must  apportion 
the  funds  upon  all  schedules  which  are  returned  in  time, 
without  regard  to  the  number  of  months  embraced  in  each 
of  such  schedules.  The  time  for  the  return  of  schedules,  and 
for  the  apportionment  of  the  school  fund  upon  them,  is  fixed 
by  law  and  cannot  be  changed.  Trustees  must  distribute  the 
funds  upon  the  very  day  prescribed  in  the  act,  and  must  ex- 
clude from  such  apportionment  all  schedules  not  returned  to 
them  at  the  proper  time.  They  have  no  discretion  in  the 
premises.  The  duties  and  powers  of  trustees  of  schools  in* 
the  distribution  of  the  school  fund  are  regulated  by  legislative 
enactment.  In  that  respect  they  have  no  discretion  whatever. 
They  must  distribute  this  fund  at  the  time  and  to  the  persons, 
and  for  the  purposes  directed.  They  are  compelled  to  pursue 
the  requirements  of  the  law.  Any  schedule  not  delivered  to 
the  township  treasurer  at  least  two  clays  before  the  first  Mon- 
day in  April  and  October,  may  be  rejected.  The  law  fixes  the 
time  for  the  return  of  schedules,  and  the  trustees  may  law- 
fully refuse  to  accept  any  that  are  not  returned  by  that  time. 
[Thomas  v.  Trustees  of  Schools,  16  III.,  163.  Cotton  v.  Trustees, 
etc.,  20  III,  607.     School  Law,  §§  53  and  54.) 

9.  Trustees  may  Re-sell  Forfeited  School  Lands. — When  de- 
fault is  made  in  the  payments  due  for  school  lands  sold,  and, 
to  secure  the  townships,  the  trustees  purchase  such  lands  and 
secure  the  title  in  their  corporate  name,  if  said  lands  are  re- 
sold, the  trustees  are  the  proper  persons  to  make  such  sale. 
This  will  appear  from  the  following  considerations: 

Prior  to  the  .original  sale,  the  title  vests  in  the  state.  The 
first  sale  can  only  be  made  by  the  county  superintendent. 
The  original  purchasers  can  only  obtain  their  patents  from  the 
state,  through  the  superintendent.  But  after  the  original  sales 
have  been  effected,  and  patents  have  been  issued  to  the  pur- 
chasers, and  the  title  of  the  state  has  thus  been  alienated,  it 
would  seem  to  follow  that  the  jurisdiction  of  the  superintend- 
ent ceases.  The  state,  which  the  superintendent  represented, 
and  for  which  he  acted,  having  now  conveyed  its  title,  and 
vested  the  same  in  the  purchasers,  the  official  relation  of  the 
county  superintendent  to  the  land  terminates — his  agency  is 
no  longer  needed.  The  owners  of  the  land  have  now  a  per- 
fect title,  and   may,  therefore,  grant   a  good  title   to   those 


L50  OFFICIAL    AM)    J\    M<   I  M.     M.<  [814 

purchasing  from  them.  The  trustee!  having  bought  in  the 
laud  :n  i«l  acquired  title  in  tin-  manner  aforesaid}  may  andoubt* 
edly  re  Bell  and  convey,  in  their  corporate  name,  aa  aforesaid. 
The  law  is  everywhere  very  careful  to  protect  Bchoolfundf. 
No  cots  are  allowed  in  any  Buit  for  the  recovery  of  the 
achool  fund  <>r  any  interest  due  thereon,  when  such  suit  i* 
unsuccessful.  The  land  in  question  has  been  once  sold  by 
the  superintendent — he  has  li;nl  bis  commissioi  iling 

it.  [f  he  may  Bell  and  re-sell  the  same  piece  of  land,  over  and 
over  again,  there  would  be  do  limit  to  the  amounl  of  bis  com- 
missions. It  cannot  be  supposed  thai  the  law  contemplates 
more  than  one  commission  to  the  same  officer  for  Belling  the 
Bame  piece  of  land.  IT  the  trusfa  s  sell,  do  additional  cost  will 
be  incurred,  for  the  law  does  not  entitle  them  to  pay  for  that 
service.  Sections  ninety  and  ninety-one,  do  nol  describe  this 
case— they  refer  to  the  unsold  land.-;  this  is  forfeited  land. 
The  power  to  sell  is  clearly  given  to  the  trustees  in  the  forty- 
first  Bection  of  the  act.  To  accord  with  the  spirit  of  the  law, 
therefore,  the  proper  construction  in  all  cases  embraced  within 
tlir  present  inquiry,  would  Beem  to  he:  That  forfeited  lands, 
within  two  years  from  valuation,  should  be  sold  by  the  trus- 
tees, at  that  valuation — and,  that  after  two  years,  they  Bhould 
be  again  valued,  without  petition,  and  sold  by  the  trustees. 
(§§  83  to  96.) 

10.  Payment  of  Treasurers  as  Clerks. — Boards  of  trustees 
must  make  a  reasonable  allowance  annually  to  township  t 
urers,  for  their  clerical  services,  to  be  paid  out  of  the  township 
fund.  The  amount  so  allowed  must  be  deducted  from  the 
township  funds,  in  addition  to  the  several  amounts  specified 
in  section  thirty-four  of  the  act,  before  the  apportionment  is 
made  to  districts.     (§§  34  and  72.) 

11.  Title  to  School  Projteriy. — The  title  of  all  school-hor 
sites,  and  other  property,  is  by  law  expressly  vested  in  the 
board  of  trustees,  in  their  corporate  name,  and  all  deeds  and 
conveyances  of  such  property,  must  be  made  to  the  true 
for  the  benefit  of  the  district.  School  directors  cannot  legally 
receive  and  hold  such  deeds  and  conveyances.  In  like  manner 
all  donations,  grants  or  demises,  made  for  the  benefit  of  any 
district,  should  be  conveyed  through  the  township  trustees. 
(§  39.) 


OFFICIAL    AND   JUDICIAL   DECISIONS.  151 

12.  Who  may  Sell  and  Convey. — It  follows  from  the  prece- 
ding decision  that  when,  in  the  opinion  of  school  directors, 
the  school-house,  or  site,  or  other  school  property,  becomes 
unnecessary,  unsuitable  or  inconvenient,  the  township  trustees 
must  sell  and  convey  the  same,  and  place  the  proceeds  to  the 
credit  of  said  district.  As  the  directors  do  not  hold  the  title, 
they  cannot  sell  the  property.  When  district  property  is  sold 
and  conveyed  by  the  trustees  as  aforesaid,  the  conveyance 
must  be  executed  by  the  president  and  clerk  of  said  board  of 
trustees.  Trustees  should  give  such  deeds  and  titles  as  they 
themselves  hold  ;  if  they  have  warranty  deeds,  they  should 
execute  the  same,  on  sale.     (§  39.) 

13.  Special  District  Taxes. — Township  trustees  have  no  con- 
trol whatever  over  special  district  taxes  levied  by  orders  of  di- 
rectors for  the  benefit  of  their  particular  district.  All  such 
taxes  are  paid  by  the  collectors  directly  to  the  township  treas- 
urer, and  by  him  passed  to  the  credit  of  the  proper  district, 
and  paid  out  on  the  order  of  the  directors  thereof.     (§  45.) 

14.  Directors  to  take  Census  of  Children. — As  one-half  of  the 
township  fund  is  to  be  divided  among  the  districts  in  propor- 
tion to  the  number  of  children  under  twenty-one  years  of  age 
in  each,  it  is  important  to  know  upon  whom  the  law  devolves 
the  duty  of  taking  such  enumeration.  This  duty  has  hereto- 
fore devolved  by  law  upon  the  township  trustees,  but  by  the 
second  section  of  the  amendatory  act  of  February  28, 1867,  the 
directors  of  each  district  must  take  the  census  of  children,  and 
report  the  same  to  the  township  treasurer. 

15.  Resignation. — When  township  trustees  resign,  which 
they  may  do  at  any  time,  their  resignations  should  be  tendered 
in  writing  and  delivered  to  a  member  of  the  board,  or  to  the 
clerk,  so  that  there  may  be  due  evidence  of  the  fact,  and  that 
immediate  steps  may  be  taken  to  fill  the  vacancy.  The  per- 
sistent refusal  of  a  township  trustee  to  serve  may  be  regarded 
as  equivalent  to  a  resignation ;  or,  he  may  be  compelled  by 
mandamus  to  discharge  the  duties  required  of  him  by  law. 

16.  Must  Pay  Over  Funds. — Township  trustees  must  cause 
all  moneys  for  the  use  of  the  township  to  be  paid  over  to  the 
township  treasurer;  he  is  the  only  legal  custodian  of  said  funds, 
and  he  only  is  under  bonds  for  their  security.  The  retaining 
of  any  portion  of  such  funds  in  their  own  hands,  by  the  trust- 


152  01  i  U  IA1  and  .11  I'M  J  \ i.   i.i.<  IBh 

or  permitting  the  same  to  be  retained  or  held  by  any 
other  person,  exeepi  the  township  treasurer,  is  a  violation  of 
law  for  \\  bich  they  are  Liable.    (§    10,  '--,  et  <>'.) 

17.  Must  Sell  Lands  by  Public  Auction, — All  lands  coming 
into  tip'  |>"    e    ion  of  township  trustees  must,  when  sold,  be  ap- 
praised and  Bold  by  public  auction,  the  same  as  common   chool 
land  - ;  they  cannol  legallj  be  told  al  prh  i  [nail 
cases  the  trustees  are  the  |>n>|"T  persons  i<»  advertise  th< 
sine.'  flu'  title  vests  in  them.    They  may  employ  the 

of  ihe  county  superintendent  as  their  agenl  to  conduct  the 
sale  ami  make  out  the  papers,  etc.,  if  they  see  fit ;  but  the  duty 
of  tli'-  trustees  to  advertise  and  their  right  as  trn  tell, 

are  I,.,,  plain  For  doubt.    (§S  11,  and  88  to  96.) 

18.  No  Petition  Necessary. — When  trustees  of  schools  t 
close  a  mortgage  and  obtain  a  master's  deed  to  a  piece  of  land, 
they  may  sell  said  land  at  any  time,  by  giving  the  notice  re- 
quired in  section  eighty-seven.  Ko  petition  of  die  inhabitants 
of  the  township  is  necessary.  A  petition  is  required  in  order 
to  sell  the  sixteenth,  or  common  school  section,  but  in  no  other 
case.     (§  41.) 

19.  Cannot  Withdraw  Funds  from  Treasurer. — Township 
trustees  have  no  right  whatever  to  withdraw  the  bonds,  notes, 
mortgages,  moneys  and  effects,  denominated  the  principal  of 
the  township  fund,  nor  the  funds  subject  to  distribution,  from 
the  custody  of  the  township  treasurer,  and  deposit  the  same  in 
a  bank,  or  other  place  of  supposed  greater  safety,  or  for  any 
other  purpose.  If  they  do,  they  are  individually  liable  in  case 
of  loss.  By  section  sixty-two,  the  treasurer,  upon  the  execu- 
tion and  approval  of  his  bond,  "shall  demand,  receive,  and 
keep,  all  moneys,  books  and  papers  of  every  description  belong- 
ing to  his  township."  Section  forty  declares  that  trustees  "shall 
cause  all  moneys,  etc.,  to  be  paid  over  to  the  township  treas- 
urer." The  safety  of  the  funds  and  effects  of  the  township  is 
in  the  sufficiency  of  the  treasurer's  penal  bond,  and  of  hie 
curities;  not  in  the  supposed  material  strength  of  the  place 
of  deposit.  The  treasurer  takes  that  risk.  If  trustees  take 
an  insufficient  bond,  or  accept  inadequate  securities,  section 
seventy-four,  makes  them  individually  liable.  They  may  in- 
crease the  securities  to  any  necessary  extent,  but  they  cannot 
withdraw  the  funds  and  papers. 


OFFICIAL   AND   JUDICIAL   DECISIONS.  153 

20.  Cannot  Release  Securities  on  Treasurer' 's  Bond. — Township 
trustees  have  no  power  whatever  to  release  the  securities  of  a 
township  treasurer  from  their  liability  on  his  bond.  If  suit  is 
brought  against  a  township  treasurer,  by  action  of  debt  on  his 
bond,  and  judgment  is  obtained  and  execution  issued,  and  no 
property  of  treasurer  is  found  out  of  which  to  make  the  debt, 
and  recourse  is  had  upon  the  property  of  his  bondsmen,  the 
trustees  cannot,  under  any  circumstances  whatever,  make  an 
order  releasing  said  bondsmen,  and  requiring  the  officer  to  de- 
sist from  making  the  money  out  of  their  property.  By  so  do- 
ing they  become  themselves  liable,  jointly  and  severally,  in  an 
action  on  the  case,  for  the  whole  amount  of  the  debt,  lost  by 
their  official  misconduct ;  and  the  same  can  be  recovered  in  an 
action  brought  by  the  county  superintendent,  for  the  use  of 
the  proper  township.  A  creditor  cannot  release  one  or  two 
joint  debtors  and  retain  a  legal  obligation  against  the  other. 
This  the  law  will  allow  no  ingenuity  of  language  to  effect.  It 
is  either  a  release  of  both,  or  it  is  of  no  benefit  to  either. 
{Rice  v.  Webster  et  al,  18  III,  332.  School  Law,  1865,  §§  64, 
74,  etc.) 

21.  Apportionment  of  Funds — How  and  When. — One-half  of 
the  funds  on  hand  the  first  Monday  of  April,  in  any  year, 
must  be  apportioned  upon  schedules  of  schools  taught  since 
the  first  Monday  of  the  preceding  October;  and  one-half  of 
the  money  on  hand  on  the  first  Monday  of  October  of  any 
year,  must  be  apportioned  upon  schedules  of  schools  taught 
since  the  first  Monday  of  the  preceding  April.  The  trust- 
ees, at  their  meeting  the  first  Monday  of  April,  have  no  right 
to  make  distribution  upon  the  schedule  of  any  school  taught 
prior  to  the  first  Monday  of  the  preceding  October.  All 
schedules  made  between  the  first  Monday  of  October,  and  the 
ensuing  April  meeting  of  the  trustees,  must  be  presented  at 
said  April  meeting,  and  distribution  made  thereon,  or  they 
are  barred  by  limitation ;  and  so  of  all  schedules  made 
between  the  first  Monday  of  April  and  the  ensuing  October 
meeting  of  the  trustees ;  they  must  be  acted  upon  at  said 
meeting,  or  not  at  all. 

The  six  months'  rule  of  the  law,  having  reference  always  to 
the  preceding  school  year,  and  the  school  year  always  beginning 
October  1,  and  ending  September  30,  the  trustees  can  always 


154  <»l  I  I'   I  \l.     AND    .11    HH   I A  I.     M.<   I -IONS. 

know  with  absolute  certainty,  whether  ai  □  district 

or  i    not,  entitled  toil    distributive  share  of  the  public  fund. 
When  a  Bcheduli  i  uted  to  the  board,  on  the  firsl  slon- 

d;i\   of  April,  the  trustee     have    imply  to  see  whether  the 
di  in.  i  from  which  Baid  schedule  came,  bad,  or  bad  not,  main* 

tained  b  lis  the'  Bchool  during  the  Bchool  year  ending  the 

BOth  day  of  the  "preceding  September.  Thii  they  can  ascertain 
from  the  Bchedulee  on  file  in  the  office  of  the  township  I 
uivr.  In  a  word,  any  distrid  baving  a  sii  months'  school 
during  the  school  year  ending  September  80,  of  any  year,  is 
entitled  to  its  distributive  share  of  public  funds,  both  upon 
census,  and  upon  any  and  all  Bchedul  i  uted,  the  follow- 

ing April  or  I  October. 

No  apportionment  can  ever  be  made  upon  the  same  Bchedule 
(mi  once.  By  apportionment  is  meant  the  ascertaining,  from 
the  attendance  certified  in  the  Bchedules,  what  portion  of  the 
public  funds  each  district  is  entitled  to.  It  does  not  i 
payment,  but  division,  or  distribution,  'preparatory  to  payment. 
The  trustees  apportion  the  funds;  the  treasurer  pays  them  out,  upon 
the  orders  of  the  directors.  When  apportionment  lias  once 
been  made  upon  a  given  schedule,  that  ends  the  matter,  the 
trustees  can  never  use  said  schedule  again;  it  is  dead,  and 
must  1"'  filed  away  by  the  treasurer  among  the  other  dead 
papers  of  his  office.  It  is  of  no  further  account  or  value,  ex- 
cept as  evidence  of  past  transactions,  for  which  purpose  aloue 
it  is  preserved  among  the  other  archives  of  the  treasurer's 
office.  Schedules  must  be  filed  with  the  township  treasurer 
on  or  before  the  day  fixed  by  law,  viz.,  two  days  before  the 
first  Monday  in  April  and  October.  The  language  is  per- 
emptory. (Cotton  0.  Reed  ci  ah,  20  Id,  608.  School  Law  1865, 
§§  53  and  54.) 

22.  May  Teach  in  Township. — It  is  held  that  a  township 
trustee  may  law  lull}'  teach  a  school  in  his  own  township.  It 
is  not  in  conflict  with  any  provision  of  the  school  law,  properly 
interpreted. 

23.  Appraisal  of  School  Property. — As  stated  elsewhere  in 
this  work,  no  division  of  funds  or  property  is  required  when  a 
portion  of  territory  is  detached  from  one  district  and  attached 
to  another,  but  only  when  a  new  district  is  established.  When 
a  new  district  is  formed,  the  law  (§  33),  makes  it  the  duty  of 


OFFICIAL    AND   JUDICIAL    DECISIONS.  155 

the  township  trustees  to  appraise  the  school  property  of  the  old 
district  or  districts,  but  does  not  specify  the  particular  manner 
in  which  it  shall  be  done.  It  is  only  provided  that  it  shall  be 
done  "in  a  just  and  equitable  manner."  The  object  is  simply 
to  make  a  fair  estimate  of  the  present  value  of  the  school  prop- 
erty. Of  course,  the  directors  and  people  of  the  district  own- 
ing the  property,  are  the  most  interested  parties.  If  they  are 
satisfied  to  allow  the  trustees  to  set  a  value  on  the  property,  as  is 
generally  the  case,  and  as  the  law  contemplates,  well  and  good. 
If  not,  then  the  following  is  suggested  as  convenient  and  equi- 
table: Let  the  trustees  select  some  disinterested  person  as 
an  appraiser;  let  the  directors  of  the  district  owning  the  prop- 
erty, select  a  second  person,  and  they  two  a  third.  A  similar 
course  may  he  pursued,  if  necessary,  when  the  new  district  is 
formed  out  of  parts  of  two  or  more  districts ;  or  out  of  terri- 
tory lying  in  more  than  one  townslrip.  It  is  due  to  the  people 
of  the  old  district,  and  to  fairness,  that  the  appraisers  should 
all  be  free  from  any  personal  interest  or  bias  in  the  matter. 
After  the  present  worth  of  the  property  is  determined,  the  law 
prescribes  the  basis  upon  which  said  estimated  value  shall  be 
distributed  between  the  two  (or  more)  districts,  viz:  "in  pro- 
portion to  the  amount  of  taxable  property  remaining  in  each." 
The  appraisement,  in  whatever  manner  the  trustees  may 
make  it  or  cause  it  to  be  made,  is  final  and  conclusive,  as  is  also 
the  distribution  of  the  appraised  value  among  the  districts 
concerned.  After  the  whole  matter  has  been  determined  and 
adjusted  by  the  trustees,  it  is  optional  with  the  directors  of 
the  district  in  which  the  school-house  is  situated,  to  accept 
the  terms  proposed,  or  not.  If  they  accept,  they  must  pay 
the  other  district  the  sum  adjudged  to  be  its  due,  or  levy  a  tax 
for  that  purpose,  if  necessary.  If  they  refuse  to  accept  the 
terms  within  the  time  fixed  by  law,  (three  months),  or,  after 
having  accepted  them,  neglect  or  refuse  to  pay  or  to  provide 
for  the  payment  of  what  is  due  the  other  district,  then  the 
trustees  may  order  the  whole  property  sold  by  auction  to  the 
highest  bidder,  and  divide  the  proceeds  of  the  sale  between 
the  districts  on  the  basis  provided  by  law.  Or  the  recusant 
directors  may  be  compelled,  by  writ  of  mandamus,  on  the  suit 
of  the  trustees,  to  levy  a  tax  sufiicient  to  pay  what  is  due  the 
other  district.     (§  49.)     School-houses  and  sites,  and  all  other 


156  OFFK  LAX    ami   .M  l>l'  i  A  I.    DE4  IBU 

Bohool  property  belonging  to  fl  distrid  at  the  time  of  "its  divi- 
sion, are  held  to  come  within  the  meaning  of  the  term  "prop- 
erty," as  need  in  section  thirty-three.  The  appraisal  and 
ion  must  be  made  within  three  months  from  the  forma- 
tion of  the  new  dial  riot. 

24.  Failure  to  Organ/item  Ten  Dayt.- — The  provision  of  the 
twenty-third  section  of  the  act  which  requires  trust*  i 

meet,  organize,  draw  lots,  etc.,  within  ten  days,  is  t<>  be  un- 
derstood as  advisory,  no1  mandatory.  That  is,  if  the  election 
was  legally  conducted,  failure  to  meel  and  organize  within 
ten  days  does  not  make  the  election  void;  the  trust 
are  Legally  in  office  and  mint  be  recognized  as  Buch.  Failure 
to  meel  in  ten  days  does  cot,  ipso  facto,  vacate  their  office 
authorize  the  treasurer  to  order  another  election.  The  object 
of  the  meeting  is  to  determine  their  respective  terms  of  office, 
etc.,  not  to  quality  for  office.  If  the  statute  made  the  draw- 
ing <>l*  h>ts  within  ten  days  a  condition  of  holding  the  office 
of  trustee,  non-compliance  would  vacate  the  office.  But  the 
law  imposes  no  such  condition  ;  the  requirement  to  meet  in 
ten  days  is  for  a  wholly  different  purpose,  and  while  failure  to 
do  so  renders  the  trustees  elect  liable  to  the  penalties  pre- 
scribed for  non-performance  of  duty,  (§  76),  it  does  not  vitiate 
the  election,  or  work  a  forfeiture  of  office.  The  right  to  hold 
said  office  is  conferred  by  the  election.  After  the  poll  book  and 
certificate  of  the  judges  have  been  delivered  to  the  county 
superintendent,  the  persons  therein  named  are  legally  trustees 
of  schools,  to  all  intents  and  purposes,  and  can  only  cease  to  be 
such  by  death,  resignation,  or  the  setting  aside  of  the  election 
by  due  course  of  law. 

25.  May  Purchase  Books,  etc.,  for  Districts. — It  is  impera- 
tively necessary  that  every  board  of  school  directors  should 
have  suitable  books,  blanks,  etc.,  for  the  proper  transaction  ot 
the  public  business  of  their  respective  districts.  This  em- 
braces whatever  is  necessary  for  keeping  a  faithful  and  uni- 
form record  of  their  official  proceedings  and  financial  accounts, 
or  for  instruction  in  regard  to  their  public  duties.  By  section 
forty-two,  directors  are  authorized  and  required  to  procure 
such  books,  and  pay  for  them  out  of  the  district  funds.  If 
they  neglect  or  refuse  to  do  so,  it  is  held  that  the  township 
trustees,  iu  virtue  of  their  general  supervisory  relations  and 


OFFICIAL   AND   JUDICIAL   DECISIONS.  157 

duties  to  the  school  interests  of  the  whole  township,  may  pro- 
cure the  necessary  books,  etc.,  and  deduct  the  cost  of  the  same 
from  the  township  fund,  prior  to  distribution.  It  would  secure 
uniformity  in  the  business  records  of  the  districts,  while  the 
cost  to  each  district  would  be  less  than  if  each  district  procured 
its  own,  as  the  books  can  always  be  obtained  cheaper  by  the 
quantity.  But  the  right  of  the  trustees  to  purchase  accrues 
only  upon  the  refusal  or  neglect  of  the  directors,  and  must  be 
restricted  to  articles  authorized  or  warranted  by  law. 

26.  Cannot  Loan  Distributable  Funds. — Funds  liable  to  dis- 
tribution cannot  be  loaned  by  the  trustees  under  any  circum- 
stances. •  Section  sixty-six  of  the  new  school  law  is  clear  and 
positive  on  that  point.  After  moneys  have  once  been  appor- 
tioned, they  must  remain  subject  to  the  order  of  the  proper 
district,  or,  if  for  any  reason,  such  as  the  disorganization  of  a 
district,  etc.,  funds  so  apportioned  should  not  be  called  for, 
they  must  be  re-apportioned  to  the  other  districts — they  can- 
not be  loaned  as  principal.  On  the  other  hand,  no  part  of 
the  principal  of  the  township  fund  can  be  distributed  or  used 
under  any  circumstances  whatever.     (§  6Q.) 

27.  May  Remove  Treasurer. — The  statute  gives  to  the  trust- 
ees power  to  remove  the  treasurer  at  pleasure,  and  the  ap- 
pointment of  another  person  is,  of  itself  a  removal  of  the  in- 
cumbent from  that  office.  (School  Law  1865,  §§  32  and  40. 
Holbrook  et  al.  v.  Township  Trustees,  22  III.,  544.) 

28.  Two  Members  a  Quorum. — The  law  (§  32)  constitutes  two 
members  of  the  board  of  trustees  a  quorum  to  transact  busi- 
ness, and  when  they  concur  in  any  act  which  the  board  may 
legally  perform,  no  reason  is  perceived  why  the  act  is  not  as 
legally  binding  as  if  all  were  present.  When  the  legislature 
designated  that  number  as  a  quorum  for  the  transaction  of 
business,  it  conferred  upon  them  full  power  to  perform  all  the 
duties  of  the  board.  If  a  legal  act  is  concurred  in-  by  two 
members,  said  act  cannot  be  inquired  into  on  the  ground  that 
the  third  member  was  not  notified,  or  that  there  was  a  vacancy 
in  the  board,  or  that  it  was  not  done  at  a  stated  or  special 
meeting  duly  called  by  the  proper  officers  or  persons.  Regu- 
larity of  procedure  in  other  respects  must  be  presumed  from 
the  fact  of  concurrence  by  a  legal  quorum.  (Schofield  et  al.  v. 
Wathins  et  al.  22  III,  72.) 


L58  OPTTCTAI    AND   .11  Did  II    DBOTBIOl 

■j'.'.     Liabilitu  i,   -For each  and  every  failure  todi  the 

duties  i  njoined  upon  them,  or  either  of  then,  al  the  time  and 
in  the  manner  required  by  the  provision  •  of  the  law,  town  hip 
ti  11  i.  ei  are  liable  to  a  fine  of  twenty-five  dollar!  ;  and  for  each 
uinl  every  failure  or  refusal  to  make  due  retnrnt  of  the  Dum- 
ber of  children  in  their  township,  ai  required  bylaw;  and  for 
even  false  return,  knowingly  made,  the  trustee,  or  tro 
offending,  are  liable  to  a  special  penalty  of  not  lees  thai 
dollars,  nor  more  than  one  hundred  dollars;  and  township 
trustees  are  also  liable,  jointly  and  severally,  for  the  sufficiency 
of  the  securities  taken  from  town-hip  treasurers;  and  for  all 
-  incurred  by  their  neglect  of  duty.     |     7  1,  76  and  17.) 

80.  Whiten  Fundt  are  not  in  Hand  in  Season  for  Apportionment, — 
School  funds  ran  only  be  apportioned  by  trustees  on  the-  v,-ry 
daya  fixed  by  law.  As  a  r\ile,  trustees  should  not  apportion 
funds  which  are  not  actually  in  hand,  but  if,  from  unavoidable 
ity,  school  funds  due  in  April  or  October,  arc  not  received 
at  that  time,]  think  trustees  would  be  authorized  to  apportion^ 
in  advance,  and  on  the  days  fixed  by  law,  such  pail  of  -aid 
funds  as  may  be  soft  ly  and  svrcbj  relied  upon.  Raid  fund-  may 
then  be  paid  out  to  the  creditors  of  the  district,  as  soon  a-  i •-•- 
ceived,  instead  of  compelling  said  creditors  to  wait  Bis  months, 
till  next  apportionment  day.  But  this  course  is  only  warranta- 
ble in  special  emergencies,  or  unavoidable  delays,  as  aforesaid; 

31.  Forfeiture  of  Schedule. — A  six  months'  school  is  the  es- 
sential condition  of  receiving  the  public  school  fund.  If  a 
district  complies  with  this  condition,  but  fails  to  return  one  of 
the  schedules,  said  schedule  is  forfeited ;  but  if  the  trustees  are 
satisfied  from  other  evidence  that  the  six  months'  school  has 
been  kept,  they  cannot  exclude  said  district  from  the  appor- 
tionment the  succeeding  year. 

32.  Apportionment  on  Census. — Schools  may  be  taught,  either 
in  six  consecutive  months,  or  in  different  portions  of  the  year. 
If  a  school  is  kept  from  October  to  April,  consecutively,  but 
no  more,  it  is  nevertheless  entitled  to  its  proper  share  of  the 
one-half  of  the  public  money  appropriated  on  census  the  fol- 
lowing October,  and  in  the  same  manner,  if  the  school  should 
be  taught  continuously  from  April  to  October.  Compliance 
■with  the  six  months'  rule  entitles  a  district  to  all  the  benefits 
of  the  public  fund. 


OFFICIAL   AND   JUDICIAL   DECISIONS.  159 

33.  School  Taxes  Collected  from  Persons  of  Color. — In  town- 
ships where  there  are  persons  of  color,  a  portion  of  the  school 
fund  equal  to  the  amount  of  all  school  taxes,  of  every  description, 
collected  from  such  persons  of  color,  must  be  allowed  them, 
unless  by  consent,  the  children  of  a  colored  tax-payer  are  al- 
lowed to  attend  the  public  schools,  in  which  case  such  tax-payer 
would  have  no  just  claim  to  receive  back  the  school  taxes  paid 
by  him.  The  requirement  to  refund  is  peremptory,  and  can  be 
enforced  by  law.  It  is  not  conditioned  upon  demand  being 
made  by  the  colored  tax-payers;  it  is  the  duty  of  the  trustees 
to  ascertain  the  facts,  and  refund  accordingly ;  either  to  the 
individual  tax-payers,  or  to  some  one  of  their  number,  who  may 
be  found  authorized  to  receive  the  money.  It  is  hoped  that 
no  board  of  trustees  in  the  state  is  capable  of  the  disgrace  of 
withholding  funds  collected  from  colored  persons,  and  expend- 
ing the  same  for  the  support  of  schools  from  which  the  chil- 
dren of  said  colored  tax-payers  are  excluded. 

34.  Principal  of  Township  Fund. — The  entire  interest  of  the 
township  fund  on  hand  must  be  distributed  in  April  and  Octo- 
ber. It  has  been  supposed,  from  section  sixty-two  of  the  act, 
that  boards  of  trustees  have  some  discretion  in  the  matter,  and 
may  in  some  cases  set  apart  a  portion  of  said  interest  to  be 
added  to  the  principal.  This  is  a  mistake.  A  subsequent  sec- 
tion, (QQ,)  declares  that  no  part  of  the  interest  of  the  township 
fund  shall  be  carried  to  the  principal,  but  that  the-whole  of  such 
interest,  rents,  profits,  etc.,  shall  be  distributed  semi-annually; 
and  the  requirements  of  section  sixty-six  must  govern. 

All  fines  and  penalties  collected  from  trespassers  upon  com- 
mon school  lands  must,  however,  be  added  to  the  principal  of 
the  township  fund.  (See  first  part  of  §  82.)  So,  also,  the  amount 
collected  from  purchasers  of  school  lands,  for  failure  to  secure 
the  payment  of  the  purchase  money,  as  required  by  law,  must 
be  added  to  the  principal  of  the  township  fund.     (See  §  89.) 

35.  When  Districts  are  Divided  Pending  Terms  of  School. — 
Trustees  may  change  the  boundaries  of  districts  at  any  regu- 
lar meeting,  but  regard  should  always  be  had,  as  far  as  possi- 
ble, to  existing  and  unexpired  contracts  between  directors  and 
teachers.  Except  in  cases  where  immediate  action  is  neces- 
sary, the  trustees  should  not  abolish  districts  or  cause  school- 
houses  to  be  removed  or  sold,  before  the  expiration  of  the 


100  "i  II'  [A£   INS   JUDICIAL   DECISIONS. 

term  thai  are  being  taught  therein.    The  rig] 

partie » under  contracts  previously  made,  should  be  r<  ipected. 
[n  caai  where  ohool  areinprogre  i  in  districts  affected  by 
the  action  of  the  trustees,  such  action  Bhould,  when  pra< 
ble,  be  made  to  take  effect  after  the  close  of  snob  schools.  But 
if  a  district  is  actually  abolished,  by  attaching  iti  territory  to 
another  district  <>r  di  during  a  term  of  school,  or  it'  tiio 

sohool  is  broken  up  bj  the  sale  or  removal  ol  theschool-hi 
or  in  anj  other  manner,  bj  the  action  of  the  township  I 
the  directors  of  the  district  or  districts  receiving  the  territory 
and  property  of  the  district  so  abolished  or  broken  op,  are  lia- 
ble in  the  teacher  for  the  foil  amount  oi  ander  his 
contract  with  the  directors  of  the  abolished  district  Ti 
ligations  of  a  legal  contract  are  -acred,  and  cannol  be  impaired 
by  thf  action  of  other  parties.  It'  a  teacher  is  employed  for 
three  or  six  months,  at  a  stipulated  Bum,  and  begins  bis  .-• 
and  stands  ready  to  fulfill  his  agreement  in  good  faith,  Lis 
claim  to  the  full  amount  of  his  wages  is  just  and  valid.  And 
if  the  heard  of  directors  who  employed  him  and  who  are  re- 
sponsible for  his  wages,  is  abolished,  their  liability  is  trans- 
ferred to  the  other  board  or  boards,  and  the  teacher  lias  re- 
course upon  them  lor  his  wages.  The  same  principle  applies 
where  a  district  is  divided  and  a  portion  set  off  to  another 
district,  one  or  more  of  the  directors  being  residents  of  the 
portion  set  off*  The  persons  elected  to  fill  the  vacancies  are 
bound  to  respect  the  contract  of  the  teacher,  the  same  as  the 
original  directors.  So  also  when  a  new  district  is  formed  out 
of  an  old  one  having  funds  on  hand,  but  specifically  set  apart 
to  the  payment  of  a  teacher  then  engaged  in  teaching,  the 
funds  so  set  apart  should  not  be  divided,  but  applied  to  said 
specific  purpose.  The  provisions  of  the  thirty-third  section, 
in  this  respect,  should  be  understood  as  applying  only  to  funds 
not  already  specifically  appropriated. 

36.  Division  of  Townships  and  Township  Funds. — The  leg- 
islature only  has  power  to  unite  or  divide  congressional 
townships  aud  their  school  funds.  It  cannot  be  done  by  the 
respective  boards  of  trustees,  or  by  the  voters  resident  in  the 
territory  concerned.  When  congressional  townships  are  di- 
vided by  the  town  lines  established  by  the  board  of  supervi- 
sors, the  school  funds  of  said  townships  cannot  be  divided 


OFFICIAL   AND   JUDICIAL   DECISIONS.  161 

without  application  to  the  legislature  for  authority.     (Green- 
leaf  v.  Township  Trustees,  22  III.,  236.) 

37.  Distribution  of  Township  Funds  to  School  Districts  Created 
by  Special  Acts. — When  a  school  district  is  created  by  an  act  of 
the  legislature,  and  the  principal  of  the  township  school  fund 
is  not  divided,  the  claim  of  the  inhabitants  embraced  in  the 
limits  of  the  district  so  created,  to  a  just  share  of  the  interest 
of  the  township  funds,  is  not  impaired.  And  since  the  school 
authorities  of  such  districts  are  not  required  to  make  return 
to  the  trustees,  of  the  schedules  required  by  general  law, 
the  data  upon  which  apportionment  is  made  by  the  trustees 
must  be  obtained  in  some  other  way.  In  such  cases,  there- 
fore, the  board  of  education,  or  other  authorities  created  by  the 
special  act,  will  make  returns,  duly  certified,  to  the  trustees  of 
the  township  or  townships  out  of  which  the  special  district  is 
created,  of  the  number  of  persons  under  twenty-one  years  of 
age  in  such  district,  and  also  of  abstracts  of  the  attendance  in 
the  schools  of  said  district,  as  shown  by  the  registers  of  the 
teachers.  These  returns  will  furnish  the  respective  boards  Qf 
township  trustees  with  the  means  of  making  an  apportionment 
to  said  special  district  upon  the  basis  required  by  the  thirty- 
fourth  section  of  the  general  law. 

38.  Not  Disqualified — How. — The  fact  that  a  person  has  been 
a  borrower  of  the  township  school  fund,  and  still  retains  the 
same,  does  not  render  him  ineligible  to  the  office  of  trustee; 
but  after  a  person  has  been  elected  trustee  he  cannot  become 
a  borrower  of  the  school  fund  of  his  township. 

39.  Action  secured  by  Fraud  may  be  Rescinded  at  a  Special 
Meeting. — District  boundaries  can  be  changed  at  stated  meet- 
ings only.  ( §  33.)  But  if  such  change  is  made  in  com- 
pliance with  what  seems  to  be  an  honest  petition  of  the 
inhabitants  of  the  territory  concerned,  and  it  subsequently 
appears  that  said  petition  was  fraudulently  gotten  up,  with 
the  motive  and  design  to  deceive,  and  that  the  signatures  to  it 
were  obtained  by  false  representations,  and  that  the  action  so 
procured  is  violative  of  the  rights  of  individuals  and  detri- 
mental to  the  educational  interests  of  the  township,  the 
trustees  may  rescind  such  action  at  a  special  meeting  called 
for  the  purpose.     So,  also,  when  the  metes  and  bounds  of  a 

new  district  are,  by  inadvertence  or  otherwise,  erroneously 
11 


Ll  2  OVfXOIAI   AHD   JUDICIAL   MX'ISIONS. 

given,  the  error  maj  be  corrected  at  a  special  meeting  without  a 
violation  of  the  intend  and  meaning  of  the  ad  is  relation  to  chang- 
ing the  boundaries  of  district*.  [(  ii  ■  maxim  of  law  that  for 
even  evil  there  musl  be  an  adequate  remedy. 

40.     Divinon  qf  School  Property     /  '  ttob\  Token 

:    Baiit. —  When  b  nen  dietricl  bcreatedfit  ii  the  duty  of  the 
tru-i  timate  the  jprai erti  value  of  the  ached  property,  and 

hence,  in  determining  the  proportion  of  said  value  due  each  district 
concerned,  the  ^<i.  men!  of  taxable  property  must  be  I 

as  tin.:  l'i-i-  of  division,  liotli  of  the  fundi  and  property. 

■11.  Payment  ■■/  Forfeited  Schedules.  —If  ■  schedule  ii  not 
filed  with  the  township  treasurer  in  time  for  the  sami-annua]  dis- 
tribution of  the  public  funds,  the  amount  of  the  public 
which  such  schedule  would  have  been  entitled  Lb  forever  forfeited — 
DO  apportionment  can  ever  thereafter  be  made  by  the  tru 
upon  thai  schedule.  But  if  the  schedule  was  kept  and  made  out 
and  certified  in  due  form  of  law;  and  if  the  teacher  had  a  valid 
certificate  of  qualifications  during  the  whole  time  embraced  in  the 
schedule:  and  if  the  school  was  conducted  in  all  respects  accord- 
ing to  law — then  the  amount  due  on  said  schedule  may  be  paid 
from  the  special  tax  funds  of  the  district,  or  a  special  di.-trirt  tax 
may  be  levied  to  pay  said  amount.  The  forfeiture  (all  the  condi- 
tions being  as  herein-before  stated),  does  not  apply  to  the  local 
district  tax  funds,  but  only  to  the  funds  apportioned  by  the  town- 
ship trustees. 

42.  Liability  in  Certain  Cases. — Xewly  created  school  districts 
sometimes  suffer  loss  by  the  neglect  or  refusal  of  boards  of  trustees : 

I.  To  divide  the  school  property  within  the  time  required  by 
law ;  and, 

II.  To  file,  or  cause  to  be  filed,  with  the  county  clerk,  a  map 
showing  the  change  of  district  boundaries  in  their  respective 
townships. 

It  is  important  to  trace  the  legal  effect  of  such  default  in  each 
of  the  above-mentioned  cases,  and  to  see  how  and  upon  whom 
liability  attaches,  therefore  : 

1.  By  the  thirty-third  section  of  the  act,  when  a  new  district 
is  formed  from  one  or  more  districts,  it  is  made  the  imperative  duty 
of  the  trustees  of  the  township  or  townships  concerned,  to  see  that 
the  new  district  receives  an  equitable  share  of  the  estimated  value 
of  all  the  school  property  of  the  district  or  districts  out  of  whose 


OFFICIAL   AND   JUDICIAL    DECISIONS.  163 

territory  the  new  district  is  created.  This  provision  of  the  law  is 
grounded  upon  the  just  and  reasonable  principle  that  the  inhabi- 
tants of  the  new  district,  having  contributed  their  proportion  of 
the  taxes  by  means  of  which  the  property  of  the  old  districts  was 
acquired,  should  receive  a  like  proportion  of  the  value  of  said 
property  in  order  to  assist  them  in  the  organization  of,  and  the 
support  of  schools  in,  their  newly  established  district.  The  claim 
of  the  new  district  is  clear  and  unquestionable. 

But  how  and  through  whom  is  the  new  district  to  receive  what 
is  due?  The  question  is  answered  in  the  statute:  "All  school 
property  belonging  to  the  district  or  districts  out  of  which  the 
new  district  is  formed,  shall  be  appraised  in  a  just  and  equitable 
manner,  and  the  estimated  value  shall  be  distributed  by  the  trustees 
among  the  districts  concerned,  in  proportion  to  the  amount  of  taxable 
property  remaining  in  each."  The  agents  by  whom,  and  the  man- 
ner in  which,  the  new  district  is  to  obtain  its  share  of  the  common 
property,  are  here  clearly  pointed  out.  ,  The  trustees  are  the 
agents  by  whom,  and  the  taxable  property  is  the  basis,  upon 
which,  the  distribution  must  be  made.  Is  there  no  other  way  or 
manner  by  which  the  new  district  can  obtain  what  the  law  allows 
it?  None  whatever.  The  business  can  only  be  done  by  the 
trustees. 

Are  there  any  limits  of  time  within  which  the  trustees  must  act? 
There  are:  "Provided,"  says  the  law,  "that  the  school  property 
shall  be  appraised  and  apportioned  as  aforesaid  within  three  months 
from  the  formation  of  such  new  district."  Is  this  language  man- 
datory, or  directory  merely?  It  is  clearly  mandatory:  "The 
school  property  shall  be  appraised,  etc.,  within  three  months." 

But  does  the  liability  of  the  trustees  end  with  their  failure  to  di- 
vide the  property  ?  Not  at  all.  Their  liability  remains,  and  upon 
them  the  new  district  would  seem  to  have  recourse  for  the  amount 
of  the  loss  sustained  by  their  failure  to  divide  the  property  within 
the  prescribed  time.  To  suppose  that  an  officer  may  wilfully  neg- 
lect or  refuse  to  perform  the  trust  duties  committed  to  him,  until 
such  performance  is  barred  by  limitation  of  time,  and  then  plead 
the  fact  of  such  limitation  as  a  ground  of  non-liability  and  impu- 
nity, would  be  to  trifle  with  the  language  of  the  statute,  and  per- 
vert the  plainest  maxims  governing  trust  relations  and  duties. 

Here  is  a  property  right  clearly  and  expressly  conferred  by  law. 
Certain  officers,  namely,  the  board  of  school  trustees,  are  com- 


|.;  I  OFFICIAL    13TD   7\  DH  I  LL    DB4  I    : 

mended  to  take  proper  top  to  ecure  that  right  to  the  party  en- 
titled thereto.  The  mode  of  prod  dure  U  prescribed,  in  detail,  in 
the  statute.  The  officer  are  clothed  withal]  Deo  »ar  po 
both  explicit  and  di  cretionary,  to  enable  them  to  execute  the  trust 
The  only  limitation  is  thai  it  must  be  done  \siiliin  three  months. 
The  party  entitled  f<>  the  benefit,  namely,  the  directori  of  the  new 
district  cannot  act  in  the  matter  for  themselves ;  thej  mn  I 
\\  lint  is  due,  through  the  trusteea  only ;  they  hare  no  other  resource. 
The  fiduciary  revelations  of  the  trusted  to  the  directori  of  the 
n<  w  district,  are  thus  clearly  established,  and  if  they  wilfully  fail 
or  refuse  to  discharge  their  trust  duties,  in  the  manner,  and  within 
the  time  prescribed  by  law,  they  cannot  escape  the  just  consequen- 
ces of  their  own  conduct, 

^\\"  1 1 : 1 1  are  those  consequences?  The  answer  is  given  in  the 
seventy-seventh  section  of  the  act 

"Trustees  of  schools,  or  either  of  them,  and  any  other  officer 
having  charge  of  Bchool  hands  or  property,  shall  be  responsible  for 
all  to8869  BUStained  by  any  school  fund,  by  reason  of  any  failure  on 
his  or  their  parti  to  perform  the  duties  required  of  him  or  them  by 
this  act,  and  the  amount  thereof  may  be  recovered  in  a  civil  action 
before  any  court  having  jurisdiction  thereof,  al  the  rail  of  the 
state  of  I  Hindis,  for  the  use  of  the  fund  injured."  "What  school 
fund  is  injured  in  thi<  case?  That  of  the  new  district  How  is 
it  injured?  By  reason  of  the  failure  of  the  trustees  to  perform 
the  duties  required  of  them  by  the  school  law.  To  what  amount 
is  it  injured?  To  the  amount  to  which  the  new  district  would  have 
been  entitled,  and  which  it  would  have  received,  if  the  trustees 
had  divided  the  property  as  required  by  law. 

It  should  be  remarked  that  it  is  held  by  the  state  superintend- 
ent that  a  new  district  may  formally  waive  or  surrender  its  claim 
to  an  interest  in  the  value  of  the  common  school  property,  if  it  sees 
fit  to  do  so ;  in  which  case  the  trustees  would,  of  course,  be  ex- 
cusable for  not  dividing  the  property,  but  in  no  other  case. 

This  is  a  personal  and  not  an  official  liability ;  not  a  liability 
created  by  them  in  pursuance  of  law,  for  which  their  successors 
would  be  responsible  ;  but  a  liability  in  the  nature  of  a  penalty 
imposed  on  them  by  the  law  for  not  acting  in  pursuance  of  its  pro- 
visions. If  the  original  hoard  of  trustees  were  still  in  office,  they 
could  not  be  proceeded  against  as  a  board,  but  only  as  individuals  ; 
and  it  does  not  need  to  be  said  that  the  remedy  for  illegal  acts 


OFFICIAL   AND   JUDICIAL    DECISIONS.  165 

done,  or  imperative  duties  wilfully  and  injuriously  omitted,  by  per- 
sons while  in  office,  is  not  lost  by  the  retirement  of  such  persons 
from  office.  An  ex-trustee  is  as  liable  for  actionable  conduct  while 
in  office,  as  is  a  present  and  acting  trustee  for  similar  conduct. 

2.  The  same  principles  apply  when  the  trustees  neglect  or  re- 
fuse to  prepare  and  file  a  map  showing  the  boundaries  of  the  new 
district. 

By  section  forty-four  of  the  school  law,  school  directors  are  re- 
quired to  file  with  the  township  treasurer  of  the  township  in  which 
the  district  is  situated,  on  or  before  the  first  Monday  of  September, 
a  certificate  of  the  rate  per  cent,  required  to  be  levied  on  the  taxa- 
ble property  of  their  district,  as  a  special  tax  for  school  purposes : 
By  the  same  section  the  township  treasurer  is  required  to  file  the 
tax  certificates,  received  from  the  directors,  with  the  clerk  of  the 
county  court,  on  or  before  the  second  Monday  of  September.  The 
county  clerk  must  be  governed  by  the  official  and  duly  certified 
maps  of  district  boundaries  on  file  in  his  office.  In  no  other  pos- 
sible way  can  he  know  what  tracts  of  land  and  other  property  be- 
long to,  and  are  taxable  in,  the  respective  districts  of  each  town- 
ship. He  cannot  be  presumed  to  have,  or  required  to  obtain,  any 
other  information  on  this  subject  than  that  which  is  of  record  in 
his  office  ;  he  could  not  legally  act  upon  any  other  data.  The  law, 
(§  33)  makes  it  a  part  of  the  official  duties  of  boards  of  trustees 
to  furnish  such  maps,  and  to  prepare  and  file  new  ones  as  often  as 
any  changes  of  district  boundaries  are  made. 

If,  therefore,  they  neglect  or  fail  to  perform  this  plain  duty,  and 
the  new  district,  in  consequence  of  such  failure,  loses  the  tax- 
money  which  it  would  otherwise  have  received,  they  would  seem 
clearly  liable,  under  the  seventy-seventh  section  of  the  act,  for  the 
loss  sustained.  It  cannot  be  that  for  such  a  wrong  there  is  no 
remedy,  and  it  is  not  possible  to  fasten  the  responsibility  upon  any 
other  parties.  The  directors  filed  their  certificate  in  due  season ; 
the  treasurer  placed  it  in  the  hands  of  the  county  clerk  within  the 
time  fixed  by  law ;  the  clerk  received  the  certificate,  but,  having 
no  legal  knowledge  of  any  change  of  boundaries  or  that  any  new 
district  had  been  formed,  he  did  not  levy  the  tax.  The  responsi- 
bility comes  directly  back  to  the  trustees,  and  cannot  be  shaken 
off.  They  have  disregarded  a  peremptory  requirement  of  the 
statute,  and  must  abide  the  consequences.  The  liability,  as  in  the 
former  case,  is  an  individual,  not  a  corporate  liability. 


L66  omoi  \i.  \m»  m  M<  i  \i.  de<  [en  i 

Thii  principle  ia  not  confined  to  the  case  of  ■  new  district,  but 
attaohea  whenever  any  eh  re  made  in  distrid  boundaries, 

whether  :i  new  distrid  ia  formed  or  not.  "Trniteee  of  jchoola 
shall  prepare .  or  came  to  be  prepare  d,  i  map  of  their  township,  ai 
often  aa  may  I"-  necessary,  on  which  map  shall  be  designated  dis- 
trict  or  district  to  be  styled,.  .  .  .  which  districts  they  may  alter 
or  change  at  any  n  gular  n  ion  |  which  map  shall  I"-  certified  l>y 
the  president  and  clerk  of  the  board,  and  filed  with  and  recorded 
by  the  county  clerk,  in  a  booh  to  be  kepi  for  thai  pnrp 
new  map  i-  to  be  made  and  filed  "aa  often  aa  maybe  nee  wary ;" 
thai  is,  aa  often  aa  any  changea  whatever  are  made  in  the  bounda- 
of  any  district;  for,  by  every  such  change,  however  alight, 
taxable  property  ia  transferred  from  one  distrid  to  another,  and 
unless  the  oonnty  clerk  ia  apprised  of  the  fad  he  cannot  correctly 
extend  the  tax-  he  must  be  governed  by  the  record*  d  plate  of  the 
townships,  on  file  in  his  office. 

The  error  cannol  be  corrected  the  following  y6ar,  by  taxing  thai 
part  of  the  property  of  the  district  which  was  exempted  the  year 
l»t  lure,  the  same  rate  that  was  levied  upon  the  Other  portion  of  the 
district,  and  thus  equalize  the  burden  :  because  all  distrid  - 
taxes  must  he  uniform.  (§  45.)  A  school  district  ia  tin'  smallest  unit 
of  territory  known  to  the  law;  if  any  part  is  taxed,  the  whole 
must  l>e  taxed,  and  whatever  rate  i-  levied  upon  one  part,  must 
he  levied  upon  every  part — there  must  lie  one  uniform  rate  upon 
the  property  of  the  whole  district,  regardless  of  township  lines. 
The  onjy  remedy  i~,  therefore,  against  the  trustees  by  whose  neg- 
lect of  a  positive  duty  the  loss  was  incurred. 

AY  hen  a  district  is  composed  of  territory  lying  partly  in  two 
different  townships,  the  directors  should,  properly,  file  separate 
certificates  of  the  rate  of  taxation  and  names  of  tax-payers,  with 
each  of  the  township  treasurers  —  this  would  be  the  regular 
course  of  proceeding.  But  it  is  held  that  this  is  not  essential  to 
the  validity  of  the  tax.  The  law  provides  in  the  case  of  such  dis- 
tricts, (§  46)  that  the  directors  shall  designate  which  of  the 
treasurers  shall  receive  the  tax  money  of  the  whole  district,  and  it 
is  reasonable  to  suppose  that  both  of  the  tax  certificates  may  be 
returned  to  the  one  treasurer  so  designated.  .  In  fact,  the  provision 
requiring  said  certificates  to  be  returned  to  the  county  clerk 
through  the  township  treasurer,  would  seem  to  be  directory  only. 
If  they  should  be  handed  to  the  clerk  by  the  directors  themselves, 


OFFICIAL   AND   JUDICIAL   DECISIONS.  167 

without  passing  through  the  hands  of  the  treasurer,  and  the  clerk 
should  receive  them,  and  place  the  tax,  as  certified,  upon  the 
books  of  the  collector,  it  is  not  believed  that  the  tax  would  be  held 
illegal  or  that  its  collection  could  be  resisted,  merely  because  the 
certificates  of  the  rate  per  cent,  did  not  reach  the  county  clerk 
through  a  particular  channel.  The  only  essential  point  is  that  the 
certificates  shall  be  in  legal  form,  and  filed  with  the  county  clerk 
in  due  season. 

The  argument  in  this  case  has  proceeded  upon  the  presumption 
that  the  proper  initial  remedy  is  by  an  action  against  the  trustees 
and  not  by  writ  of  mandamus,  since  the  principle  seems  to  be  well 
settled  that  a  mandamus  lies  only  where  there  is  no  other  remedy 
at  law.  [10  Wendell,  395.]  This  principle  has  been  distinctly  and 
repeatedly  affirmed  by  our  own  court  of  last  resort.  The  right  of 
the  party  claiming  the  writ  of  mandamus  must  be  clear  and  certain, 
absolute  and  positive,  perfect  and  complete ;  and  he  must  have  no 
other  remedy  by  which  he  can  obtain  it.  \T~he  People  v.  Forquer, 
Breese,  104.]  A  writ  of  mandamus  should  show  that  the  relator 
has  no  other  remedy.  It  is  only  granted  in  extraordinary  cases, 
where,  without  it,  there  would  be  a  failure  of  justice.  If  the 
party  has  sought,  or  may  seek,  other  means  of  redress,  the  writ 
should  be  denied.  [School  Inspectors  of  Peoria,  v.  Grove,  20  III. 
526.]  But  in  both  the  cases  which  have  been  considered,  the 
party  has,  it  is  believed,  other  means  of  redress,  and  it  would  seem 
that  those  means  should  first  be  exhausted  before  recourse  can  be 
had  to  mandamus.  In  the  case  of  McCullogh  v.  the  Mayor,  &c. 
of  Brooklyn,  3  Wend.  458,  it  is  held  that  although  as  a  general 
rule  a  mandamus  will  not  lie  where  the  party  has  another  remedy, 
it  is  not  universally  true  in  relation  to  corporations  and  ministerial 
officers ;  notwithstanding  they  may  be  liable  in  an  action  on  the 
case  for  a  neglect  of  duty,  they  may  be  compelled  by  mandamus  to 
exercise  their  functions  according-  to  law.  But  although  the  divi- 
sion  of  the  school  property  and  preparing  township  maps  are 
properly  ministerial  and  not  judicial  acts,  the  remedy  provided  in 
the  seventy-seventh  section  of  the  act  should,  it  is  believed,  be 
first  resorted  to ;  and  then,  if  the  action  should  prove  of  no  avail, 
the  writ  of  mandamus  would  still  lie.  It  may  be  objected  to  the 
view  which  has  been  taken,  that  section  seventy-seven  applies  only 
to  funds  and  property  actually  in  the  hands  or  custody  of  the 
trustees,  and  not  to  funds  which  never  really  came  into  their  pos- 


PIS  03  II'   [AL    AND    .11    I'M  I  \i.    bl.<  [flft 

session,  and  to  which  they  sustain  merely  certain  official  relations. 
To  thii  ii  may  be  replied,  thai  the  school  property  concerned  it 
"in  oharge  "  of  the  trustees  to  all  intents  and  purposes;  and  that, 
by  action  fifty-four  of  the  act,  school  director!  are  expressly  di  - 
olared  to  "I"'  personally  liable  for  any  Loss  sustained  bj  the 
teacher  through  their  failure  to  deliver  the  schedule  to  the  township 
treasurer  within  the  time  fixed  by  law" — thai  i-,  they  are  liable 
for  the  lose  sustained  by  other  parties  by  reason  of  their  failure  to 
perform  certain  prescribed  ministerial  duties—  being  precisely  t lie 
same  uivum.-tanrcs  :iml  icl.iiinn-  under  which  the  trustees  ■■ 
Lieved  to  be  held  responsible  by  th<'  seventy-seventh  section;  it  i.s 
in  each  oa  e  a  "loss  sustained  by  reason  of  failure  to  perform  the 
duties  required  by  this  act."  I  may  add,  thai  the  foregoing  opin- 
ion was  suDmitted,  in  manuscript,  to  the  attorney-general  of  the 
State,  and  received  his  approval. 


OFFICIAL   AND   JUDICIAL   DECISIONS.  169 


HI.    TOWNSHIP   TREASURERS. 

1.  Toivnship  Treasurer's  Bond. — Every  township  treasurer, 
before  entering  upon  his  duties,  must  execute  a  bond.  If  a 
treasurer  serve  two  years  and  is  re-appointed,  he  must  execute 
a  new  bond.  If  he  resign  or  is  removed,  and  another  treas- 
urer is  appointed,  said  treasurer  must  execute  a  new  bond. 
Every  bond  must  have  at  least  two  responsible  freeholders  as 
securities,  who  shall  not  be  members  of  the  board  of  trustees. 
Every  bond  must  be  approved  and  accepted  by  at  least  two 
members  of  the  board  of  trustees.  The  penalty  of  every 
bond  must  be  at  least  twice  the  amount  of  the  moneys,  notes, 
mortgages  and  effects  in  the  custody,  or  to  be  in  the  custody, 
of  the  township  treasurer.  Township  treasurers  are  appointed 
for  tivo  years,  and  until  their  successors  are  appointed. 
(School  Law,  1865,  §  32.)  "When  a  newT  board  of  trustees  is 
elected,  the  old  treasurer  continues  in  office  unless  said 
board  see  fit  to  appoint  a  successor,  in  which  case  the  succes- 
sor so  appointed  must  execute  a  new  bond  and  will  hold  the 
office  for  two  years  from  date  of  appointment,  or  until  his  suc- 
cessor is  appointed  and  qualified,  as  aforesaid.  It  will  thus  be 
seen  that  it  is  optional  with  a  new  board  of  trustees  to  appoint 
a  new  treasurer,  or  continue  the  old  one ;  and  if  they  decide 
to  make  no  change,  then  the  former  treasurer  goes  right  on 
the  same  as  if  no  new  board  had  been  elected.  No  appoint- 
ment, or  re-appointment  is  required  until  the  expiration  of 
the  two  years  for  which  the  treasurer  gave  bonds.  The  two 
years  always  date  from  appointment,  and  not  from  the  election 
of  trustees.  A  new  treasurer  must  always  execute  a  new  bond, 
and  all  bonds  must  be  renewed  every  two  years.     (§  55.) 

2.  Form  of  Bond. — Every  township  treasurer's  bond  must 
be  in  the  form  prescribed  by  law.  (§  55.)  In  the  second  line 
of  the  form  of  bond  the  blank  after  the  words  "unto  the 
board  of"  should  be  filled  as  follows  :  "Trustees  of  schools 
of  township  No.  — ,  Range  No. — ;"  giving  definitely  the 


170  OFFICIAL    \m>  J\  M<  i  kl    DM  »I< 

township  and  range.  The  blank  is  sometime!  filled  with  the 
single  word  "Trustees,"  which  is  too  rague.  There  arc  a 
great  manj  boards  of  tru  the  county;  and  an 

blank  is  filled  with  a  complete  description  of  the  township,  as 
above  suggested,  there  is  nothing  to  show  the  particular  board 
of  tr  i  whom  the  treasurer  is  holden,  nor  whal  particu- 

lar board  would  !><•  authorized  to  Bue  him  on  his  bond  for 
malfeasance  in  office,  as  provided  in  section  Bixty-four,  et  at 
The  blank  in  the  second  line  of  the  form  should,  thei 
filled  as  specifically  as  thai  in  the  eighth  line,  that  the  identity 
of  the  two  1 1 1 :  i  x  be  manif 

3.  Must  be  Executed  or  Renewed  Be)  /'  Paid. — 
The  due  execution  and  approval  of  a  bond,  and  deliver 
the  same  to  the  county  superintendent,  are  conditions  \  i 
denl  to  the  lawful  payment  of  any  Bchool  funds  to  a  township 
treasurer.  The  language  of  the  law  is,  "that  UO  f  the 
State,  county,  or  other  school  fund,  shall  he  pud  to  any  town- 
ship treasurer,  or  other  person  authorized  by  Baid  treasurer, 
unless  said  township  treasurer  lias  filed  his  bond  as 

by  the  fifty-fifth  section  of  tfe  act,  nor,  in  case  said  I 
is  re-appointed  by  the  trustees,  unless  he  shall  have  reii* 
his  bond  and  tiled  the  same  as  aforesaid."     (§  1G.) 

4.  Must  Demand  and  Keep  Township  Funds. — It  is  the  right 
and  duty  of  township  treasurers  to  demand  that  all  moi 
hooks  and  papers  of  every  description,  belonging  to  his  town- 
ship, be  delivered  to  him,  and  he  must  receive  and  safely  keep 
the  same  according  to  law.     (§  62.) 

5.  Are  the  Legal  Custodians  of  aU  District  Wimds. — Township 
treasurers  are  the  legal  custodians,  not  only  of  all  township 
funds,  but  of  all  district  funds,  including  money  borrowed  under 
section  forty-seven;  and  such  district  funds  must  therefore  be 
left  in  their  hands  until  they  are  drawn  out,  upon  legal  orders 
of  the  directors.     Xo  money  can  legally  reach  the  dip 

their  creditors,  through  any  other  channel  than  the  township 
treasurer,  lie  is  the  only  township  school  officer  who  is  un- 
der penal  bonds  for  the  safe  keeping  of  the  funds.  The  prac- 
tice, therefore,  of  presenting  orders  for  district  tax  money,  to 
the  town  or  county  collector,  and  drawing  payment  thereon, 
before  the  money  has  passed  into  the  hands  of  the  township 
treasurer,  is  in  direct  conflict  with  both  the  spirit  and  letter  of 


OFFICIAL   AND   JUDICIAL   DECISIONS.  171 

the  law,  as  expressed  in  sections  thirty-four,  forty  and  forty- 
five,  of  the  act,  and  must  be  discontinued.  It  is  a  manifest 
infringement  of  the  official  rights  and  duties  of  the  township 
treasurer — is  often  unjust  to  a  portion  of  the  districts  in  the 
township,  and  is  fraught  with  danger  to  the  safety  of  the  funds. 

6.  Must  Keep  Funds  at  Interest. — Township  treasurers  are 
required  to  keep  the  principal  of  their  respective  township 
funds  constantly  loaned  at  interest,  and  no  part  of  said  princi- 
pal can  be  permitted  to  remain  unproductive,  without  a  viola- 
tion of  law.     (§  62.) 

7.  May  Loan  Funds  at  from  Six  to  Ten  Per  Cent. — Town- 
ship treasurers  are  authorized  to  loan  the  principal  of  the  town- 
ship fund,  at  a  rate  of  interest  not  less  than  six  per  cent.,  nor 
more  than  ten  per  cent,  per  annum,  payable  half-yearly  in  ad- 
vance. No  action  of  the  board  of  trustees  is  necessary  to  war- 
rant loans  at  ten  per  cent.,  that  being  the  maximum  rate  allowed 
by  law;  but  no  loans  can  be  made  at  a  rate  of  interest  less 
than  ten  per  cent.,  without  the  approval  of  a  majority  of  the 
board  of  trustees,  by  whom  such  less  rate  must  be  determined. 
Loans  heretofore  made,  at  less  than  ten  per  cent.,  under  in- 
structions to  that  effect  from  this  office,  have  been  legalized  by 
the  legislature.     (§  57.) 

8.  May  Loan  to  Boards  of  School  Directors. — Township  treas- 
urers are  authorized,  when,  in  their  estimation,  the  same  shall 
be  deemed  expedient,  and  for  the  best  interests  of  the  township 
funds,  to  loan  said  funds,  or  any  part  thereof  to  boards  of  school 
directors,  in  their  corporate  name,  taking  bonds  therefor,  as  pro- 
vided in  section  forty-seven  of  the  act;  but  except  to  boards  of 
school  directors,  as  aforesaid,  no  loans  can  be  made  except  upon 
the  securities  prescribed  in  section  fifty-seven  of  the  act ;  nor  is 
there  any  warrant  of  law  whatever  for  the  investment  of  the 
township  fund,  or  any  part  thereof,  in  government  bonds,  local 
war  bonds,  or  any  other  description  of  bonds.  (§  57.)  In  case 
of  loans  to  school  directors,  the  interest  must  be  paid  semi- 
annually in  advance,  the  same  as  in  other  cases.  The  intention 
of  the  proviso  to  section  fifty-seven  is  simply  to  allow  town- 
ship treasurers  to  make  loans  to  boards  of  directors,  as  cor- 
porations, which  they  could  not  previously  do,  and  to  receive 
district  bonds  as  security,  instead  of  notes  and  mortgages.  *  It 
is  not  the  object  of  said  proviso  to  authorize  any  change  in  the 


1 7 12  OPFU  i  \i.    am.  .M  DI<  i  \i.    i'i .-  UK 

rate  of  interest,  or  the  manner  of  paying  the  tame,  which  -aid 
tion  elsewhere  provides  shall  be  half-yearly,  id  advan< 
!>.     Cannot  Borrow  Towmhip  Fundi.    Thai  township  treasur- 
er   ihould  not  and  can  not  lawfully  become  borrowers  of  the 
school  fnnds  of  the  townships  of  which  they  are  tr< 
will  appear  from  the  following  considerations:  The  township 
arer  is  the  agenl  of  the  board  of  trustees,  through  v.  hom 
alone  all  loans  musl   be  effeoted  and  all  contracts  eonn< 
therewith  be  executed.    (§57.)     In  all  valid  contracts  there 
musl  be  at  least  two  parties — one  empowered  to  n< 
the  other  competent  to  I"-  negotiated  with.    The 
cannol   be  identical,  nor  the  powers  of  each  be  merged  in 
the  Bame  person.    Thin  would  be  a  contradiction   in  t. 
and  Buhversive  of  the  primary  rules  of  mutual  obligation. 
Not  only  is  there  no  one  with  whom  the  treasurer  can  lawfully 
make  the  contract  in  loaning  to  himself,  but  another  difficulty 
presents  itself.     The  execution  of  securities  may  be  denied  by 
plea  of  rum  est/actum.    In  such  case  the  testimony  of  the  town- 
ship treasurer  is  conclusive  as  proof  that  the  securities  were 
duly  executed.    But  suppose  that  plea  is  made  by  the  township 
treasurer  himself  in  denial  of  the  execution  of  his  own  securi- 
ties as  a  borrower  of  the   fund;  how  or  by  whom   .-hall   the 
township  prove  them  ?    What  recourse  would  there  be  in  such 
an  emergency?     All  books,  notes,  bond-,  mortgages,  and  all 
other  evidences  of  indebtedness  belonging  to  the  township,  are 
by  law,  in  the  exclusive  custody  of  the  treasurer,  who  ie 
quired  to  safely  keep  the  same,  and  to  lay  them   before  the 
trustees  at  their  semi-annual  meetings.     ( §§  o2  and  53.)     If, 
therefore,  the  treasurer  loans  the  funds  to  himself,  he  must 
keep  and  hold  all  of  his  own  notes  and  other  written  securi- 
ties.    But  this  would  afford  strong  temptation  to  fraud,  and 
be  in  direct  conflict  with  the  familiar  doctrine  in  equity  that 
temptation  should  be  removed,  and  a  constant  sense  of  per- 
sonal responsibility  be  kept   alive.      This    principle    applies 
to  all  who,  like  the  township  treasurer,  act  in  a  fiduciary  ra- 
pacity.    The  treasurer  must  demand  all  moneys,  papers, 
belonging  to  the  township.     (§  62.)     Can   he  make  this  de- 
mand of  himself?     And,  if  it  should  be  essential,  how  shall 
sueh   demand  be  proved?     Again:    If   additional   securities 
shall  be  required  by  the  trustees  for  the  payment  of  money 


OFFICIAL   AND   JUDICIAL   DECISIONS.  173 

loaned,  section  sixty  commands  the  treasurer  to  institute  suit 
for  the  recovery  of  principal  and  interest.  Can  he  institute 
proceedings  against  himself?  If  not,  how  shall  the  additional 
security  be  obtained  and  the  interest  of  the  township  be  pro- 
tected ?  Is  protection  to  be  found  in  the  official  bond  of  the 
treasurer?  Certainly  not.  The  bond  simply  obligates  the 
treasurer  to  discharge  all  the  duties  of  his  office  according  to 
law.  To  hold  that  the  treasurer  can  go  on  and  borrow  the 
township  funds  on  said  bond,  without  giving  the  securities 
required  in  section  fifty-eight,  would  surely  be  the  extreme  of 
absurdity.  The  only  ground  on  which  the  treasurer  would  be 
liable  on  his  bond,  in  the  premises,  would  be  that  of  illegal 
conduct  in  loaning  the  funds  to  himself;  but  this  would  be 
fatal  to  the  assumed  right  in  question,  and  conclusively  sustain 
the  position  here  taken,  that  such  loans  are  not  legal,  for  that 
cannot  be  lawful,  for  doing  which  an  officer  would  be  liable  on 
his  own  bond.  Again  :  If  default  be  made  in  the  payment  of 
the  half-yearly  interest  due  on  township  loans,  section  sixty- 
one  commands  the  treasurer  to  bring  appropriate  action  for 
the  recovery  of  said  interest ;  and  the  question  arises,  as 
before,  shall  he  sue  himself?  If  he  cannot  bring  an  action 
against  himself  to  recover  the  principal  as  required  in  section 
sixty,  neither  can  he,  to  recover  the  interest  as  required  in 
section  sixty-one ;  the  reasons  applicable  to  the  former  case 
are,  mutato  nomine,  just  as  applicable  to  the  latter.  The  treas- 
urer is  the  creature  and  agent  of  the  trustees ;  and  if  they 
may  loan  to  him,  or  allow  him  to  loan  to  himself,  it  is  difficult 
to  see  why  he  may  not  loan  to  them,  or  allow  them  to  loan  to 
themselves  or  each  other ;  and  thus  every  vestige  of  security 
for  the  money  would  be  gone ;  the  township  officers  might 
speculate  in  the  school  funds  without  let  or  hindrance ;  the 
desire  to  get  control  of  the  money  would  incite  to  fraud  and 
corruption  in  the  election  of  trustees  and  the  appointment 
of  treasurers ;  avarice,  bribery,  dishonesty,  and  deceit,  would 
mark  the  history  of  the  management  of  the  funds,  and  the 
beneficent  purpose  of  the  legislature  be  utterly  defeated. 
Courts  of  equity  will  scrupulously  examine  the  conduct  of 
persons  acting  in  fiduciary  or  trust  capacities,  to  see  that 
the  property  confided  to  their  care  is  protected  from  waste. 
{Moore  v.  School  Trustees,  19  III,  86.) 


171  '.I  I  l<   I  \l.      \M>     Ml- 1'   I  VI.     I  -l.<    [81 

in.     /.  /       of  Funds, — Township  treasurers  are  held 

to  i    tringenl  Liability  for  the  ki1<-  custody  of  all  the  funds, 

,  and  property  of  the  township,  entrusted  to  them  by 

tli.-  board  of  trustees  and  the  inhabitants  of  the  township. 

The  liability  of  the  treasurer  arises  on!  of  hie  official  bond. 

\\\  thai  b 1  he  makes  an  express  contract  with  the  tm 

ih;it  he  will  keep  sielj  the  moneys  that  Bhall  come  into  his 
hands,  and  considerations  of  public  policy  forbid  thai  he 
should  be  permitted  to  avail  himself  of  any  extraneous  foot 
outside  of  the  condition  of  the  bond.  Bvery  treasurer  well 
knows  and  understands  the  contract  he  enters  into,  and  the 
extent  of  the  obligation  he  voluntarily  incurs,  and  he  obtains 
the  consideration  of  the  contract,  viz:  the  |  d  of  the 

office  with  the  emoluments,  attached  to  it.  The  contract  be- 
ing absolute,  there  is  no  principle  on  which  a  treasurer  can  he 
released  from  his  obligation  for  the  loss  of  township  fnnds 
entrusted  to  him.  Public  policy  demands  that  depositaries  of 
the  public  money  should  be  held  to  the  most  rigid  accounta- 
bility within  the  terms  and  scope  of  their  covenants.  They 
well  know  the  hazards  to  which  they  are  exposed,  and  they 
voluntarily  assume  the  risks,  and  are  paid  for  so  doing.  Town- 
ship treasurers  are  made  insurers  of  the  funds  coming  into 
their  possession,  and  nothing  should  excuse  them  but  the  act 
of  God,  or  the  public  enemy.  A  distinct  and  well  defined 
liability  is  imposed  on  them  by  statute,  and,  if  it  be  not  met 
to  its  fullest  extent,  the  omission,  whether  resulting  from  mis- 
feasance or  negligence,  or  unavoidable  accident,  or  by  felony 
committed  by  another,  furnishes  no  defence  against  an  action 
on  the  bond.  (Andrew  J.  Thompson  et  al,  v.  Township  Trustees, 
30  111,  90.)  If  directors  borrow  money,  ( §  47,)  but  do  not  place 
it  in  the  treasurer's  hands,  he  is  not  liable,  of  course,  for  any 
loss  of  said  money;  nor  can  he  demand  commissions  on  said 
funds,  or  on  any  others  not  paid  over  to  and  disbursed  by  him. 

11.  To  Loan  Funds  Received  from  Sale  of  School  Lands. — 
By  section  sixty-two  of  the  act,  township  treasurers  are  re- 
quired to  demand  and  receive  all  moneys,  etc.,  belonging  to 
their  townships  ;  and  by  the  same  section  they  are  required  to 
keep  the  township  funds  loaned  at  interest.  It  follows  from 
the  above  provisions,  that  when  the  purchaser  of  school  land 
pays  the  full  price  thereof  to  the  county  superintendent  in 


OFFICIAL   AND   JUDICIAL    DECISIONS.  175 

cash,  said  superintendent  should  not  loan  the  money,  but  pay- 
it  over,  on  demand,  to  the  treasurer  of  the  township  in  which 
the  land  was  sold,  to  be  loaned  by  him. 

12.  Must  Distribute  Interest,  etc. — The  principal  only  of  the 
township  fund  can  be  loaned.  No  part  of  the  interest  or 
other  income  accruing  from  said  principal  can  be  added  there- 
to, but  all  of  such  income  must  be  distributed  in  the  same 
manner  as  the  state  and  county  funds  are  distributed.  The 
law  upon  this  point  is  peremptory,  declaring  that  the  interests, 
rents,  issues  and  profits  arising  and  accruing  from  the  princi- 
pal of  the  township  fund,  shall  be  distributed  in  the  manner 
and  at  the  times  provided  by  law,  and  that  no  part  of  such  in- 
terest, rents,  issues  and  profits,  shall  be  carried  to  the  princi- 
pal.    (§  66.) 

13.  No  Distinction  to  be  Made  in  Funds. — Township  treas- 
urers will  make  no  distinction  between  the  funds  apportioned 
to  districts  upon  census  of  children,  and  upon  schedules. 
The  whole  must  be  placed  to  the  credit  of  the  several  dis- 
tricts, and  held,  on  precisely  the  same  conditions,  subject  to 
be  paid  out  on  orders  drawn  by  the  directors.  The  object  of 
the  legislature,  in  prescribing  this  basis  of  apportionment, 
was  to  benefit  sparsely  settled  districts,  which  cannot  have  as 
many  months'  school  in  a  year  as  districts  in  towns  and 
villages — not  to  create  two  distinct  funds  subject  to  different 
regulations.  In  like  manner,  if  a  township  lies  partly  in  two 
different  counties,  and  the  treasurer  receives  a  certain  sum 
from  each  county  superintendent,  the  sums  so  received  must 
be  merged  and  treated  as  one  fund,  the  same  as  if  the  town- 
ship lay  wholly  within  the  same  county.     (§§  34,  37  and  45.) 

14.  3Iust  Pay  on  Order  of  Directors. — Funds  accruing  from 
special  taxes,  levied  by  orders  of  school  directors,  and  funds 
arising  from  the  sale  of  property  belonging  to  school  districts, 
do  not  pass  through  the  hands  of  the  township  trustees,  but  are 
paid  directly  to  the  township  treasurer,  who  must  pay  them 
out,  at  any  time,  upon  the  presentation  of  proper  orders  from 
the  directors.  State,  county  and  township  funds,  must  first  be 
duly  apportioned  by  the  trustees,  after  which  they  also  must 
be  paid  out  upon  the  orders  of  the  directors.  "Whenever  there 
is  a  balance  in  the  hands  of  a  township  treasurer  to  the 'credit 
of  a  district,  said  balance,  or  any  part  thereof  must,  in  like 


17''.  "I  I  [01  M.    AM)    .11 HKIAI.    ]>l.(  hi 

manner,  '"■  paid  out  ;ii  any  time  upon  presentation  of  legal  orders 
from  tin'  directors.  Bui  it'  a  district  has  bo  fund-  to  ii  credit,  in 
the  handi  of  the  township  treasurer,  the  latter  cannot,  of  course, 
honor  any  order  drawn  by  the  director!  of  Add  district,  nor  can 
the  director  of  laid  district  lawfully  draw  any  order  on  the  treas- 
urer in  lucb  case  until  their  schedule  has  been  Bled,  and  appor- 
tionment made,  ai  required  in  the  last  clause  of  section  fifty-three 
of  the  act  Township  treasureri  must  be  careful  to  cash  do  orders 
unless  legally  drawn,  and  duly  signed.     All  orders  must  be  in 

writing— -must  Specify  the  particular  use  or  purpose  to  which  the 
money  is  to  1"'  applied— and  must  be  signed  by  the  president  and 
clerk  of  the  board  of  directors,  or  by  a  majority  of  said  board. 
Treasurers  will  reject  all  orders  which  do  not  conform  to  these 

conditions.  For  ;ill  orders  receipts  must  be  taken,  and  said  orders 
and  receipts  must  be  carefully  filed  in  the  office  of  the  township 

treasurer.      Funds  must  in  no  case  be  paid  out  on  verbal  order-. 

For  refusal  to  pay  any  just  and  legal  order  of  a  board  of  direct- 
ors, funds  being  in  his  hands  belonging  to  the  district,  snflS 
therefor,  the  township  treasurer  is  liable  to  an  action  to  compel 
him  to  pay  such  order;  which  action  may  be  brought  by  the  di- 
rectors, in  their  corporate  name,  against  both  the  trustees  and 
treasurer.  But  it  is  clearly  the  intention  of  the  law,  (§  67)  that 
orders  shall  be  drawn  in  favor  of  third  parties,  or  the  persons  to 
whom  the  money  is  actually  due,  and  for  indebtedness  already  in- 
curred, and  that  treasurers  should  pay  the  money  to  such  actual 
creditors  directly,  and  not  to  the  directors  themselves.  There  may 
be  special  cases  in  which  a  different  course  would  be  justifiable, 
but  the  foregoing  is  the  plain  intention  of  the  law,  and  the  only 
safe  course.  If  funds  may  be  drawn  from  the  treasurer  before 
due,  and  to  be  expended  at  some  future  time,  it  is  plain  that  all  the 
funds  of  the  district  might  be  so  transferred  from  the  treasurer  to 
the  directors,  and  the  protection  afforded  by  the  bond  of  the 
treasurer  be  wholly  lost ;  for  school  directors  are  not  authorized 
to  act  as  the  custodians  of  any  school  funds  whatever.  There 
would  be  no  certain  check  against  the  conversion  of  the  funds  of 
the  district  to  the  private  use  or  benefit  of  the  directors.  An  in- 
terpretation that  is  liable  to  these  grave  objections  cannot  be  the 
true  one. 

15.     May  Institute  Suit. — If  default  be  made  by  the  borrower 
in  the  payment  of  interest  or  principal,  the  township  treasurer  may 


OFFICIAL    AND   JUDICIAL    DECISIONS.  177 

institute  suit  for  the  recovery  of  the  same  without  an  order  from 
the  board  of  trustees.  It  is  to  be  presumed  that  he  will  avail  him- 
self of  the  advice  and  approval  of  the  trustees,  and  obtain  an  or- 
der from  them  before  commencing  an  action  ;  but  such  are  his  legal 
relations  and  obligations  to  the  township  fund  that,  when  circum- 
stances require,  he  may,  I  think,  proceed  in  the  premises  without 
a  formal  order  from  the  board  of  trustees.  This  is  evident  from 
section  sixty-one  of  the  act,  which  makes  it  the  duty  of  the  treas- 
urer to  proceed  to  the  collection  of  all  claims  due  the  township, 
when  they  mature ;  and  if  any  loss  accrues  from  his  neglect  in 
this  particular,  he  and  his 'securities  become  liable  (see  §  64,)  un- 
less he  acted,  or  was  warranted  in  his  failure  to  act,  by  an  order  of 
the  board  of  trustees,  entered  upon  their  journal  and  subscribed 
by  the  president  and  clerk ;  in  which  case,  if  loss  accrues,  the 
trustees  become  responsible.  In  case  of  loss  by  the  neglect,  he 
is  responsible  for  failing  to  collect,  in  proper  time,  the  debts  due 
the  township,  unless  he  was  ordered,  in  the  manner  prescribed 
above,  not  to  collect.     (§§  61  and  64.) 

16.  Interest  on  Balances  due  Teachers. — By  section  fifty-four  of 
the  act,  teachers'  schedules  are  declared  payable  on  the  first  Mon- 
days of  April  and  October  of  each  year,  and  any  portion  of  the 
amount  certified  in  said  schedules  to  be  due,  and  remaining  unpaid, 
after  said  dates,  draws  interest  at  the  rate  of  ten  per  cent,  per 
annum  until  paid.  And  township  treasurers  are  required  to  allow 
and  pay  said  rate  of  interest  upon  all  such  unpaid  balances  ;  and 
they  are  further  required  to  pay  said  balances  and  the  interest  accru- 
ing thereon,  out  of  the  first  moneys  in  their  hands,  or  coming  into 
their  hands,  to  the  credit  of  the  proper  district,  and  not  otherwise 
specifically  appropriated.  Justice  to  teachers,  whose  contracts  are, 
at  best,  but  credit  contracts,  as  well  as  the  positive  requirements  of 
law,  demand  the  prompt  liquidation  of  unpaid  schedules,  with  ac- 
crued interest  as  aforesaid.  A  schedule  thus  certified  is  a  liquidated 
account,  and,  in  contemplation  of  law  and  the  contract  between  the 
directors  and  the  teacher,  should  be  paid  at  the  time  provided  by 
law  for  the  distribution  of  school  funds,  unless  they  otherwise  agree 
or  contract.  The  directors  who  make  the  contract  with  the  teacher 
have  the  power  to  provide  the  means  of  payment,  and  are  sup- 
posed to  contract  with  reference  to  the  means  to  be  at  their  dispo- 
sal at  the  time  when,  by  the  contract,  the  teacher  should  be  paid. 

If  they  have  been  negligent  in  providing  the  means,  or  if  there  has 
12 


ITS  0]  HOIAL  AHD  JUDICIAL   DBi  ; 

been  default  in  collecting,  or  if  from  any  other  cause  they  arc  un- 
able to  pay  :it  the  proper  time,  they  stand,  in  their  corporate  oa- 
paoity,  like  other  debtors,  and  should  pay  interest.  Their  liability, 
however,  is  a  corporate  liability,  and  not  a  persona]  liability ;  and  the 
interest  should  be  paid,  with  the  principal,  out  of  the  funds  belong* 
in"  to  the  district  All  orders  drawn  by  directors  for  such  unpaid 
balances  due  teachers,  must  include  the  accrued  interest  thereon* 

17.  Musi  Settle  with  Directors.-— Township  treasurers  must  fur- 
nish, on  demand,  to  each  I  man  I  of  directors  in  their  respective  town* 
Bhips,  on  the  first  Mondays  of  April  and  October  of  every  year,  a 
written  statement  or  exhibit,  showing  the  condition  of  the  account 
of  each  district,  and  the  amount  of  funds  in  their  hands,  at  shown 
by  their  hooks,  to  the  credit  of  and  belonging  to  each  district  re- 
spectively.   Said  statement  must  he  duly  certified  and  signed  hy  the 

township  treasurer  in  his  official  capacity,  and,  for  failing  or  refusing 

to  render  such  statement,  on  demand,  treasurers  are  liable  to  the 
penalties  provided  in  the  act  for  neglect  of  official  duty.     (§  63.) 

18.  Pay  for  Clerical  Services. — It  is  the  right  of  town-hip 
treasurers  to  demand,  and  the  duty  of  board-  of  trustees  to  allow, 
a  fair  and  reasonable  amount  annually,  for  their  Bervioes  a-  clerkfl 
of  said  boards,  to  be  paid  out  of  the  town-hip  fund.  The  amount 
so  allowed  should  be  deducted  by  the  trustees  before  making  the 
apportionment  required  by  section  thirty-four.  The  duty  of  trust- 
ees to  make  an  appropriation  as  aforesaid,  is  as  peremptory  as  any 
other  duty  enjoined  upon  them  by  law,  and  in  default  they  are 
liable,  and  treasurers  have  redress.     (§  72.) 

19.  Garnishee  of  Money  Due  on  Schedules. — Creditors  of  teach- 
ers have  raised  the  question  whether  money  due  on  schedules — 
both  schedules  and  money  being  in  the  hands  of  the  treasurer — 
can  be  taken  by  the  garnishee  process.  There  is  no  authoritative 
decision  of  our  courts  directly  upon  the  question.  Some  of  our 
circuit  courts  have  held  that  money  in  the  hands  of  a  school  treas- 
urer, unappropriated  to  a  particular  creditor  or  on  a  designated 
schedule,  could  not  be  garnisheed.  Others  have  held  that  if  the 
money  has  been  appropriated  to  the  payment  of  a  particular  sched- 
ule  it  may  be  garnisheed.  It  must  remain  for  the  courts  to  deter- 
mine under  what  circumstances,  if  any,  money  due  teachers  can 
be  garnisheed. 

20.  Schedules  Known  to  be  Illegal  or  Fraudulent  may  be  Re- 
jected.— If  directors  employ  a  teacher  who  has  not  a  certificate,  as 


OFFICIAL    AND   JUDICIAL    DECISIONS.  179 

required  by  law,  and  the  treasurer  knows  the  fact,  yet  the  directors 
certify  to  his  schedule,  the  treasurer  cannot  pay  it.  It  would  be  a 
case  of  open  violation  of  a  positive  requirement  of  the  law,  and 
should  not  be  overlooked.  Known  and  palpable  fraud  always 
vitiates.  This  does  not  conflict  with  the  decision  elsewhere  given, 
that  treasurers  cannot,  as  a  general  rule,  go  behind  a  schedule 
and  traverse  the  certificate  of  the  directors.  Known  deception, 
or  violation  of  law,  cannot  be  disregarded. 

21.  Must  File  Permits  of  Transfer. — Under  the  amended  law, 
written  permissions  allowing  the  transfer  of  pupils  from  one  dis- 
trict to  another  must  be  filed  with  the  township  treasurer,  instead 
of  the  teacher  as  heretofore ;  and,  as  such  permits  now  constitute 
the  only  evidence  of  consent,  they  must  be  carefully  preserved  by 
township  treasurers,  for  their  guidance  in  the  payment  or  rejection 
of  separate  schedules.  Schedules  of  transferred  pupils  cannot 
hereafter  be  accepted  and  paid  without  such  written  evidence  of 
consent,  of  which  fact  treasurers  should  notify  the  directors  of 
their  townships,  that,  having  due  notice,  they  may  govern  them- 
selves accordingly.  The  written  permits  are  a  condition  precedent, 
and  should  be  filed  as  aforesaid  before  the  pupils  are  received  into 
the  school  of  the  district  to  which  they  are  transferred.  This  is 
the  plain  requirement  of  the  law,  by  a  strict  compliance  with 
which  all  doubt  in  respect  to  the  payment  of  separate  schedules 
will  be  removed.     (§  35.) 

22.  Separate  Schedules. — Where  schools  are  composed  of  pupils 
from  different  districts,  the  amount  certified  in  each  separate  sched- 
ule to  be  due  must  be  computed  upon  the  basis  of  the  total  num- 
ber of  days'  attendance  of  all  the  schedules  of  said  school.  Should 
the  whole  amount  due  the  teacher  be  inserted  in  each  of  such  sepa- 
rate schedules,  or  should  the  amount  certified  be  computed  upon 
any  other  basis  than  that  fixed  by  law,  township  treasurers,  know- 
ing such  to  be  the  fact,  may  reject  such  schedules.  Separate 
schedules  made  out  and  returned  according  to  law,  and  the  several 
amounts  computed  and  certified  as  aforesaid,  must  be  accepted  and 
paid  as  promptly  as  the  regular  schedules  of  the  district  in  which 
the  school  is  taught.     (§  35.) 

23.  Must  Change  Map,  etc. — The  mode  of  forming  union  dis- 
tricts is  clearly  pointed  out  in  section  thirty-five  of  the  amended 
law.  Upon  receiving  a  certified  record  of  the  proceedings  pre- 
scribed in  said  section,  the  action  of  the  board  of  school  director! 


l-ii  OFFICIAL    am-    ii  i  >  i  ■  i  LL    m.<  1-1 

should  be  immediately  recognized  by  the  trustee*,  and  the  town- 
ship  tree  in.  i-  mil  - 1  change  the  map  of  1 1 1 « -  township  in  accord 
with  said  action,  end  file  said  map  with  the  olerkofthe  coonty 
court,  ai  required  by  law.     Alter  the  accessary  itepc  have 
taken  bi  the  board  of  directors,  aid,  the  trnsteei  and  I 

u1-,t  cannot  neglect,  refuse,  or  delay  to  ratify  the  action  of  the 
directors,  by  altering  the  township  map  and  filing  the  sea 
aforesaid*     (5  86.)     But  even  if  the   trnsteei  should    refii 
change  the  map  of  the  township,  in  accordance  with  the  act  of 
consolidation,  under  section    thirty-five,  the  validity  of  that  act 
would  n"t  be  thereby  impaired,  it  being  complete  in  itself;  for,  the 
objecl  in  requiring  :i  plat  of  the  district  to  be  furnished,  properly 
certified,  to  tl"'  county  clerk,  is  to  enable  the  clerk  correctly  I 
tend  the  tax  against  the  tax-payers  of  the  district,  and  the  i>n>\  ision 
is  only  cKreetory,  and  it  can  form  no  objection  in  a  collateral  pro* 
oeeding.    (M  ,  M      .  22  ///.,  597.) 

24.  Tbtbtuhip  Reports. — The  statistical  report,  required  by  sec- 
tion thirty-six  of  the  act,  must  be  prepared  by  the  board  of  tru 

or  they  must  cause  the  same  to  be  done.  The  trustees  have  a 
right  to  require  the  township  treasurer  to  furnish  said  report,  and 
they  do  in  fact,  as  a  general  rule,  impose  that  duty  upon  him. 
Among  the  items  that  must  always  he  embraced  in  .-aid  .-tati.-tical 
report,  is  the  enumeration  of  persons  under  twenty-one  years  of 
an-c,  a  knowledge  of  which  is  essential  to  enable  the  trustc  -  to 
apportion  one-half  the  school  fund  among  the  districts.  Said 
statistical  report  is  required  to  be  made  annually,  arid  as  the 
treasurer  retains  a  copy  thereof,  the  trustees  can  never  be  without 
the  latest  enumeration  upon  which  to  make  the  apportionment  afore- 
said. A  separate  enumeration  of  persons  under  twenty-one  must 
be  made  for  each  district.  The  vital  importance  of  the  punctual 
rendition  of  said  report  and  enumeration  will  be  seen  from  the 
heavy  penalty  consequent  upon  failure,  being  no  less  than  the 
forfeiture  of  the  whole  of  the  public  funds  for  the  next  ensuing 
year.  The  duty  of  making  an  enumeration  of  persons  under 
twenty-one,  and  reporting  the  same  to  the  township  treasurer,  de- 
volves upon  the  directors.  '   (Amend.  Feb.  28,  1867,  §  2.) 

25.  To  Order  Elections. — If  a  board  of  school  directors  fail  to 
give  the  required  notice  of  election,  and  no  election  for  directors 
is  held  on  the  first  Monday  of  August,  the  town-hip  treasurer 
must,  within  ten  days  thereafter,  order  such  election.     He  must 


OFFICIAL   AND    JUDICIAL    DECISIONS.  181 

also  order  an  election,  as  aforesaid,  to  fill  vacancies  in  boards  of 
directors,  when  the  latter  fail  to  order  such  election  as  required  by 
law.     (§  42.) 

26.  Must  Deliver  Certificates  to  County  Clerk. — By  section 
forty-four  of  the  new  law  the  tax  certificates  of  school  directors, 
with  lists  of  tax-payers,  are  required  to  be  delivered  to  township 
treasurers,  instead  of  the  county  clerk,  as  heretofore,  and  township 
.treasurers  must  deliver  the  same,  after  due  examination  and  the 
correction  of  errors,  if  any,  to  the  clerk  of  the  county  court,  on  or 
before  the  second  Monday  of  September,  annually.  The  day  upon 
or  before  which  said  certificates  must  be  filed  with  township  treas- 
urers is  fixed  by  law,  and  said  treasurers  may  refuse  to  receive 
any  returns  made  to  them  after  the  first  Monday  of  September, 
just  as  the  county  clerk  may  reject  certificates  delivered  to  him 
after  the  second  Monday  of  September.  If  directors  fail  in  their 
duty  they  are  responsible ;  if  treasurers  receive  the  certificates  in 
season,  and  fail  to  deliver  them  to  the  county  clerk  in  time,  they 
are  responsible.  It  is  essential  to  the  validity  of  a  school  tax,  that 
it  be  certified  to  the  county  clerk  by  the  day  designated  by  law. 
{Coivgill  v.  Long,  15  III.,  202.)  Whenever  changes  have  occurred 
in  the  boundaries  of  districts  since  the  last  return,  township  treas- 
urers must  file  with  the  county  clerk,  with  the  certificates  afore- 
said, a  new  map  of  their  township  showing  such  changes.     (§  44.) 

27.  Must  Inspect  Records. — Directors  are  required  to  submit 
their  records  to  the  township  treasurer  for  his  inspection,  on  the 
first  Mondays  of  April  and  October,  and  at  such  other  times  as  he 
may  require.  It  is  hoped  that  treasurers  will  faithfully  perform 
this  duty,  and  do  all  they  can  by  their  aid  and  advice  to  bring 
about  a  uniform  and  reliable  system  of  district  records.  They  will 
be  more  than  repaid  in  the  increased  facilities  afforded  them  in 
making  out  their  annual  reports  to  the  county  superintendent. 
(§  42.) 

28.  Schedules  to  be  Filed  and  Preserved. — Township  treasurers 
are  required  to  "receive  and  safely  keep,  according  to  law,  all  books 
and  papers  of  every  description  belonging  to  their  townships." 
Among  the  "papers"  included  in  the  requirement  are  teachers' 
schedules,  which  must  not,  therefore,  be  destroyed,  but  carefully 
filed  and  preserved.  They  form  a  part  of  the  official  documents  of 
the  treasurer's  office,  and  their  preservation  may  be,  hereafter,  of 
much  legal  and  historical  importance.     Should  the  accumulation  of 


I  -  1  (.1  I  l<   I  M.    AM)    Jl    DM   IAL     I tl-H   ISH 

schedules  become  inconveniently  large,  they  maybe  boxed  up, 
t xrapy  but  little  space,  and  laid  away  properly  labeled. 

( )[lnr  old  paper  may  be  disposed  of  in  the  lame  manner;  but 
in.  official  pap<  i    can  lawfully  be  destroyed. 

■J!».  Failun  or  Refusal  to  Turn  Over  Funds  <nnl  /'.i/,rrx  to 
Sut  essors.—  -When  :i  township  treasurer  resigns,  or  ii  removed,  ot 
frhen  bis  term  of  service  expires,  be  ii  required,  by  section  sixty* 
five,  to  turn  over  t"  his  Buocessor  all  funds,  books  and  papers, 
belonging  (<»  the  township.  Ili^  official  bond,  <;  55),  is  also 
expressly  so  conditioned.  It  be  fail  to  comply  with  this  obliga* 
timi,  ami  neglect  or  refuse  to  turn  over  all  moneyi  and  papers  to 
bis  successor,  li<'  is  not  only  liable  <>n  his  official  bond,  but  also  to 
a  separate  ami  special  u  penalty  of  not  less  than  ten  oormore  than 
one  hundred  dollars ;"  tin-  payment  of  which  leaves  him  -till  liable, 
as  fully  as  before,  upon  bis  official  bond*  (  §  <»•>.;  In  case  .-nit 
bhould  be  necessary  to  compel  the  treasurer  to  turn  over  the  fundi 

and  papers  of  the  town-hip  to  his  successor  a-  aforesaid,  it  should 
be  brought  by  the  toumthip  trustees,  in  their  corporate'  nam",  in  an 

action  of  debt,  or  replevin,  or  both.  Township  treasurers  arc 
made  insurers  of  the  funds  coming  into  their  possession,  and  noth- 
ing should  or  can  excuse  them  but  the  act  of  God,  or  of  the  public 
enemy.  Another  duty  n  i  less  imperative,  is,  that  they  will  deliver 
to  their  successors  in  office  all  moneys,  etc.,  in  their  hands  as  such 
township  treasurers.     (Thompson  v.  Trustees,  30  TU.  99.) 

30.  Purchaser  of  School  Land  may  be  Treasurer. — The  statute, 
section  thirty-two,  provides  that  the  person  appointed  town-hip 
treasurer  "shall  not  be  a  director  or  trustee."  There  is  no  other 
restriction.  The  prohibition  is  limited  to  those  two  classes— direct- 
ors and  trustees.  Any  other  person,  who  can  give  bonds  with  the 
necessary  security,  may  be  appointed  township  treasurer.  Of 
course,  therefore,  a  person  who  has  purchased  school  land  and 
given  his  note  and  executed  a  mortgage  therefor,  is  not  thereby 
disqualified  for  holding  the  office  of  treasurer.  The  only  question 
is  one  of  prudence  and  sound  policy.  Since  such  a  person  would 
have  the  care  and  custody  of  his  own  note,  his  appointment  as 
treasurer,  though  legal,  would  not  be  advisable. 

31.  Renewal  of  Notes. — Township  funds  cannot  be  loaned  far 
less  than  six  months,  or  more  than  five  years.     In  respect   I 
entity  the  statute  provides  for  two  classes  of  cases:   One  hundred 
dollars,  or  less,  may  be  loaned  for  one  year,  or  less,  upon  personal 


OFFICIAL   AND   JUDICIAL   DECISIONS.  183 

security ;  two  responsible  names  being  sufficient :  For  all  otter 
loans,  the  notes  must  be  secured  by  mortgage  on  unincumbered 
real  estate,  in  value  double  the  amount  loaned.  The  securities  of 
these  notes  are  in  all  cases  holden  until  the  notes  are  paid  and  can- 
celed. But  it  is  the  duty  of  the  treasurer  to  require  every  note 
to  be  renewed  at  maturity,  or  a  new  one  to  be  executed,  so  that  the 
securities  may  be  released  if  they  wish  to  be.  If  he  fail  to  do  so, 
and  loss  result  from  such  failure,  he  is  liable  on  his  bond,  unless 
he  was  instructed  or  authorized  in  his  course  by  the  board  of 
trustees.  Parties,  who,  as  securities,  become  liable  jointly  and 
severally  with  the  maker  of  a  note,  have  a  right  to  release  at  the 
expiration  of  the  time  for  which  the  note  was  given,  and  it  is  un- 
just not  to  afford  them  the  opportunity.  They  allow  the  use  of 
their  names  for  a  limited  time  only.  No  man  would  assume  the 
obligations  of  suretyship  upon  any  other  condition. 

The  continued  prepayment  of  interest  on  a  note  does  not  give 
the  borrower  a  legal  claim  to  keep  the  money  beyond  the  time 
specified  in  the  note,  but  the  principal  may  be  sued  for  and  collected 
at  any  time  after  due,  notwithstanding  the  tender  and  acceptance 
of  further  advance  interest.  But  the  debtor  would  in  that  case  be 
entitled,  on  final  settlement,  to  a  deduction  equal  to  the  amount 
of  interest  overpaid.  If  a  note  is  not  paid  at  maturity  the  bor- 
rower is  in  default,  and  an  action  may  be  brought  at  once  there- 
after, and  at  any  time  thereafter,  to  enforce  payment  thereof. 
The  right  to  bring  suit  is  not  waived  or  impaired  by  the  payment 
of  further  installments  of  advance  interest,  nor  does  such  further 
payment  of  interest  confer  upon  the  borrower  a  legal  claim  to  the 
use  of  the  principal  for  another  six  months.  Default  begins  and 
the  right  to  sue  accrues  from  and  after  the  time  for  which  the 
money  was  loaned  and  the  note  was  given.  (  §§  57,  61,  64,  et  aZ.) 
Treasurers  must  be  careful  not  to  extend  the  time  for  the  payment 
of  a  note,  or  make  any  alterations  in  its  terms  and  conditions, 
without  the  full  knowledge  and  consent  of  both  principal  and 
sureties.  By  so  doing  the  sureties  may  be  released  and  the  debt 
lost.     (  Gardiner  v.  Harhack,  21  III.,  130.) 

32.  Mortgages,  how  Canceled. — When  a  mortgage,  given  to 
secure  payment  of  school  funds,  is  paid,  it  may  be  canceled  by  the 
township  treasurer,  as  the  legal  representative  of  the  trustees, 
by  simply  entering  satisfaction  upon  the  margin  of  the  record,  in 
the  recorder's  office.     Or  the  treasurer  may  grant  a  release,  under 


|s  1  01  in  iai,   and  JUDICIAL    DX4  t8K 

Iii.m  iea]  and  signature,  at  the  legal  representative  of  the  trustees  as 
aforeaaid.     Every  mortgagee  of  real  estate,  hi  or  other 

legal  repre  entative,  having  receive. l  lull  aatisfaction  and  payment 
of  ;ill  bui  li  inn  or  -inn-  of  money  ai  are  really  doe  to  him  or  her 
from  the  mortgagor,  shall,  at  the  request  of  the  mortgagor,  enter 
satisfaction  upon  tin'  margin  of  the  record  of  such  mortgage  in 
the  recorder's  office,  which  shall  forever  thereafter  di  charge  and 
release  the  ame,  and  shall  bar  all  actions  or  suits  brought,  or  to  be 
brought,  thereupon.  (  h  il  shall  be  deemed  a  sufficient  release  and 
extinction  of  any  mortgage  granted  upon  any  real  i  state,  if  the 
mortgagee,  his  or  her  legal  representative  or  assigns,  shall  grant 
a  full  relea  e  of  the  -ame  under  In-,  her  or  their  Beal  and  signature! 
in  the  presence  of  an  attesting  witness,  and  acknowledge  tl"  ex- 
ecution of  such  release  in  the  -ame  manner,  and  under  the  -ame 
restrictions,  in  which  deeds  are  acknowledged  by  the  existing  laws 
of  the  -late.     (Scales'  Comp.  i'T'i.j 

33.  Commissions  of  Treasurers. — Section  thirty-four  directs 
township  trustees  to  allow  and  set  apart  to  the  township  treasurer 
two  per  cent,  of  the  gross  amount  of  state,  county  and  town-hip 
funds  on  hand,  on  the  first  Mondays  of  April  and  October.  This 
requirement  is  peremptory  j  the  trustees  have  no  discretion  in  the 
matter.  The  treasurer's  percentage  on  these  funds  must  be  de- 
ducted Lcfore  any  apportionment  is  made  to  the  district  ;  for,  "of 
the  remainder)  one-half  shall  he  divided  among  the  districts,"  etc. 
But  section  seventy-two  provides  that  "  township  treasure].-  -hall 
be  allowed  to  retain  two  per  cent,  upon  all  Bums  paid  out  or  loaned 
by  them  including  moneys  raised  by  virtue  of  any  district  tax."' 
Here  arc  two  conflicting  rules  of  law  in  respect  to  the  commissions 
of  treasurers.  One  is  general,  applying  to  "  all  sums  "  in  the 
treasurer's  hands.  The  other  is  limited,  applying  only  to  public, 
or  "state,  county  and  township  funds."  By  section  seventy-two, 
the  treasurer  can  retain  two  per  cent,  upon  those  sums  only  which 
he  actually  "pays  out;"  his  commissions  depend  upon  the  amount 
disbursed^  and  accrue  only  when  disbursements  are  made.  By 
section  thirty-four,  on  the  other  hand,  he  gets  his  percentage  on 
the  public  funds,  before  they  arc  paid  out,  unconditionally  :  for  the 
province  of  the  trustees  is  simply  to  apportion  the  public  funds 
among  the  districts,  that  is,  to  determine  the  amount  to  which  each 
district  is  entitled.  They  do  not  pay  out  the  funds  at  all  :  that  is 
done  by  the  treasurer  exclusively,  upon  the  orders  of  the  directors. 


OFFICIAL   AND   JUDICIAL    DECISIONS.  185 

To  reconcile  these  diverse  provisions  of  the  statute,  it  is  necessary 
to  discriminate  between  the  public,  or  state,  county  and  township 
funds,  and  special  district  tax  funds.  In  the  case  of  the  former, 
the  treasurer  will  receive  his  percentage  in  advance,  as  directed 
in  section  thirty-four ;  and,  in  his  accounts  with  the  districts,  he 
must  keep  the  public  fund,  distributed  by  the  trustees,  separate 
from  the  district  tax  fund,  so  as  not  to  charge  two  commissions 
upon  the  same  funds.  Since  he  gets  his  commissions  in  full  on 
that  fund,  at  the  time  it  is  apportioned  by  the  trustees,  he  must 
not  of  course  charge  another  commission  upon  the  same  money 
when  paid  out  on  the  orders  of  directors.  In  the  case  of  special 
district  tax  funds,  and  of  loaning  the  principal  of  the  township 
fund,  on  the  other  hand,  the  township  treasurer  must  only  retain 
his  two  per  cent,  upon  the  sums  actually  'paid  out  or  loaned.  It  is 
to  be  regretted  that  the  rule  laid  down  in  section  seventy-two,  does 
not  govern  the  whole  subject  of  treasurers'  commissions.  It  is 
clearly  contrary  to  the  intention  of  the  law,  to  take  more  than  one 
commission  for  handling  the  same  money,  and  a  better  and  safer 
rule  would  be  for  the  treasurer  in  all  cases  to  retain  two  per  cent, 
upon  the  amount  of  all  orders  actually  paid,  and  all  sums  loaned. 
But  section  thirty-four  is  too  plain  for  doubt,  and  we  must  take 
the  law  as  it  is.  The  practice  of  many  treasurers  is  to  keep  a  care- 
ful record  of  all  funds  paid  out,  and  to  settle  their  commissions 
account  semi-annually,  or  yearly,  by  simply  crediting  themselves 
with  two  per  cent,  upon  the  aggregate  amount  of  orders  paid  dur- 
ing that  period.  That  course  is  right  and  proper,  and  makes  the 
whole  matter  plain,  and  is  therefore  commended  to  all  township 
treasurers. 

34.  Overpayment  of  a  District. — In  case  a  township  treasurer 
overpays  a  district,  through  inadvertence  or  otherwise,  and  the  fact 
of  such  overpayment  is  apparent  from  the  records,  said  treasurer, 
or  his  successor,  may  retain  the  amount  so  overpaid,  from  the  first 
funds  due,  or  to  become  due,  said  district,  and  apportion  the  same 
to  the  other  districts  of  the  township,  to  which  it  of  right  belongs, 
making  the  proper  entry  in  his  books. 

35.  To  Withhold  Funds. — Districts  which  fail  to  maintain  six 
months'  school  the  preceding  school  year,  cannot  share  in  the  dis- 
tribution of  the  public  funds,  either  on  census  or  schedule,  unless 
the  forfeiture  is  remitted  by  competent  authority.  Township 
treasurers  must  enforce  this  requirement  of  the  law,  and  withhold 


186  OFFICIAL   and   .M  DICIA1    DE4  [0H 

tlic  fundi  from  such  districts.  The  schedules  on  file  will  shew  if 
ili,.  nil,-  i , n ~  been  oomplied  irith.    Trea  uren  will  be  governed  by 

the  lunar  n th  principle,  unless  die  teacher  and  director!  contra&ed 

nn  the  calender  month  principle.  Thai  is,  the  schedules  must  -how 
one  hundred  ami  twenty  days  taught,  including  authorized  holi- 
days, to  entitle  a  districl  to  public  funds.  But  if  the  contract,  in 
a  given  district,  was  for  six  oalendar.months,  then  the  schedules  must 
show  that  the  school  was  kept  all  the  days  of  the  sii  months  <m- 
braoed  in  the  schedules,  exoepl  the  Saturday-  and  Sundays.  In 
cither  case  all  authorized  holidays  must  be  counted  as  daj  taught* 
Most  of  the  public  schools  of  this  Btate,  and  of  other  states,  aro 
conducted  on  the  lunar  month  principle,  and  it  will  be  so  under- 
stood by  treasurers  in  deoiding  whether  a  given  district  has,  or  has 
not,  sustained  a  six  months'  school,  unless,  as  aforesaid,  a  different 
rule  was  agreed  upon  by  the  parties.  Subject  to  the  above  direc- 
tions, treasurers  must  insist  upon  full  compliance  with  the  six 
months1  rule.  It  must  be  enforced.  A  district  forfeits  the  funds 
by  falling  short  one  day,  as  Certainly  as  if  it  fell  short  a  month, 
and  the  funds  must  be  withheld  in  the  one  case  as  much  as  in  the 
Other,  unless  the  forfeiture  is  remitted,  as  aforesaid.      (See  decisiORM 

relating  to  teachers.) 

86.  '  'ofnputaUon  of  Interest. — Considerable  confusion  and  doubt 
have  existed  among/ treasurers  and  others  relative  to  the  true 
method  of  proceeding  under  section  sixty-one  of  the  act,  where 
the  interest  or  principal  (or  both)  of  school  money  loaned,  is  not 
paid  when  due,  or  has  to  be  collected  by  law.  The  meaning  of 
the  law,  and  the  duty  of  parties  interested,  will  appear  from  the 
following  analysis  : 

Three  cases  may  arise  :  First,  where  the  interest  only  is  in  de- 
fault ;  second,  Avhere  the  principal  only  is  in  default ;  and,  third, 
Where  both  principal  and  interest  are  in  default.  If  the  interest 
only  is  in  default,  twelve  per  cent,  per  annum  must  be  assessed 
upon  said  interest,  from  the  day  of  default.  Thus,  if  a  note  is 
given  for  8100,  for  one  year,  at  ten  per  cent.,  and  the  interest  is  a 
year  in  default,  the  amount  of  interest  due  by  law  is  810,  added  to 
twelve  per  cent,  of  $10,  or  811.20.  If  the  principal  only  is  in  de- 
fault, twelve  per  cent,  per  annum  must  be  assessed  upon  said  prin- 
cipal from  the  day  of  default.  Thus,  if  the  above-mentioned  note 
should  be  collected  a  year  after  maturity,  there  would  be  due  *100, 
added  to  twelve  per  cent,  of  8100,  or  8112. 


OFFICIAL   AND   JUDICIAL   DECISIONS.  187 

If  both  interest  and  principal  are  in  default,  there  will  be  due, 
first,  The  interest  of  the  note  from  date  to  maturity ;  second, 
Twelve  per  cent,  per  annum  upon  that  interest ;  third,  The  princi- 
pal of  the  note ;  fourth,  Twelve  per  cent,  per  annum  upon  that 
principal,  from  due  till  paid.  Thus,  if  both  interest  and  principal 
of  the  aforesaid  note  should  remain  wholly  unpaid  for  two  years, 
there  would  be  due,  the  interest  for  one  year  ($10),  and  twelve 
per  cent,  of  that  interest  ($1.20),  and  the  principal,  ($100),  and 
twelve  per  cent,  of  that  principal  for  one  year,  ($12).  Adding 
these  several  sums  together  gives  $123.20,  the  full  amount  due  on 
final  settlement.     Proceed  in  the  same  way  in  any  other  case. 

A  general  rule,  when  both  interest  and  principal  are  in  default, 
is  as  follows :  1.  Find  the  interest  on  the  note  from  date  to  matu- 
rity, at  the  given  rate  per  annum,  and  to  said  interest  add  twelve 
per  cent,  per  annum  thereof.  2.  Find  twelve  per  cent,  per  annum 
of  the  principal  from  maturity  to  settlement,  and  add  the  same  to 
said  principal.  3.  Add  the  sums  obtained  under  the  two  forego- 
ing heads,  and  the  result  will  be  the  amount  due  on  final  settle- 
ment. In  other  words,  to  the  principal  of  the  note  add  as  follows : 
1.  Interest  at  the  rate  prescribed  in  the  note,  from  date  to  matu- 
rity. 2.  Twelve  per  cent,  per  annum  of  said  interest.  3.  Twelve 
per  cent,  per  annum  on  said  principal  from  maturity  to  settlement. 

This  opinion  of  the  true  intent  and  meaning  of  the  sixty-first 
section  of  the  school  law  is  sustained  by  the  highest  judicial  au- 
thority. The  supreme  court,  in  the  case  of  Trustees  of  School  v. 
William  Bibb,  (14  III.,  371,)  decided  that  twelve  per  cent,  only  was 
to  be  charged  upon  the  defaulted  interest,  when  due  and  unpaid, 
and  also  upon  principal,  when  due  and  payable.     The  court  say : 

"  Two  classes  of  cases  are  embraced  by  this  act ;  one,  where  in- 
terest is  due  and  unpaid ;  the  other,  where  principal  is  due  and 
payable.  In  the  former  case,  the  amount  of  unpaid  interest  bears 
interest  at  the  rate  of  twelve  per  cent,  per  annum ;  and  it  may  be 
sued  for  and  recovered  in  a  separate  action.  In  the  latter  case, 
the  principal  debt  bears  interest  at  the  rate  of  twelve  per  cent,  per 
annum,  from  the  time  it  falls  due.  The  provisions  of  this  act  do 
not  apply  to  the  principal  when  the  debtor  is  in  no  default  respect- 
ing it.  It  is  only  when  the  principal  is  due  and  payable  that  the 
rate  of  interest  upon  it  is  increased.  This,  we  are  satisfied,  was 
the  real  intention  of  the  Legislature,  although  it  must  be  admitted 
that  the  intention  is  not  as  clearly  expressed  as  in  the  act  of  1835. 
A  different  construction  would  render  the  law  highly  penal  in  its 


L88  01  i  m  i  \i,    \\i>   .m  DH  i  LL    i'i.'  t-i< 

character.  If  twelve  per  cent,  interest  was  to  be  charged  upon 
the  principal  <»n  every  failure  to  make  a  payment  of  interest,  it 
would  operate  very  severely  upon  the  debtor.     Loam  are  made 

for  five  vears  ;    ami  the  penally  for  failing  to  pay  a  few  i  n  - 1 : 1 1 1 1 1 1  <  ■  1 1 1  s 

of  interest  might  exceed  the  principal  debt.  Sucfa  a  construction 
ought  n"i  i"  be  put  upon  the  law,  unless  it  manifestly  appear-  that 
it  w  a    the  design  of  the  Legislature.'1 

:;T.  fflno  to  Report  DiitricU  in  Certain  Case*. — A  district  is 
the  Bmallesi  unit  of  territory  known  to  the  school  law.  Ik  nee, 
however  a  districl  may  have  keen  formed,  whether  by  the  direct- 
ors, under  section  thirty-five,  or  by  the  trustees]  under  section 
thirty-three— and  however  large  it  may  be,  whether  consisting  of 
one  Bection  of  land,  or  of  the  whole  township — and  by  whatsoever 
name  it  maybe  known,  as  "union  district,"  or  otherwise — in  each 
and  every  case  it  must  be  reported  by  the  town-hip  treasurer  as 

One  district.  Tims,  if  three  districts  an;  consolidated  by  the  di- 
rectors, under  section  thirty-five,  the  treasurer  must  thereafter  re- 
port the  whole  as  one  district,  and  not  as  three  districts.  The  legal 
definition  of  a  school  district  being  a  portion  of  territory  dul 
off  for  school  purposes,  and  controlled,  when  organized,  by  a  board 
of  three  directors.  Every  such  portion  of  territory  must  there- 
fore be  considered  and  treated  as  a  unit,  regardless  of  the  mode  of 
its  formation,  or  its  territorial  extent. 

When  a  district  lies  partly  in  different  townships  or  counties, 
the  location  of  the  school-house  should  determine  where  said  district 
shall  be  reported.  This  is  the  simplest  rule.  And  it  is  not  inequi- 
table, because  the  house  is  generally  in  the  township  or  county 
which  contains  the  greatest  portion  of  the  territory  of  said  district. 
It  is  not  necessary  or  practicable  to  make  returns  of  fractional  dis- 
tricts. Thus  if  a  district  lies  partly  in  two  townships,  it  should 
be  reported  by  the  treasurer  of  the  township  in  which  its  school- 
house  is  situated,  and  not  by  the  other  treasurer ;  and  if  it  lies 
partly  in  two  counties,  the  treasurer  will  report  it  to  the  superin- 
tendent of  the  county  in  which  the  school-house  is,  and  not  to  the 
other  superintendent.  By  this  rule  no  district  can  be  enumerated 
twice,  and  the  report  of  this  office  will  show  the  exact  number  of 
school  districts  in  the  state. 

This  decision  relates  exclusively  to  the  enumeration  of  districts, 
as  such  ;  not  to  the  statistics  of  those  districts,  such  as  the  number 
of  scholars,  number  of  persons   under   twenty-one,  etc. ;    all  of 


OFFICIAL    AND   JUDICIAL    DECISIONS.  189 

which,  so  far  as  they  are  susceptible  of  division,  must  be  returned 
to  the  respective  townships  and  counties,  according  to  the  facts,  as 
provided  by  section  thirty-seven  in  respect  to  township  statistics. 
In  case  there  are  two  school-houses  in  a  district,  divided  by  town- 
ship or  county  lines,  one  being  in  each  township  or  county,  said 
district  may  be  returned  as  of  the  township  or  county  in  which  the 
largest  portion  of  its  territory  is  situated  ;  and  in  the  same  manner 
when  there  are  more  than  two  school-houses  in  a  district. 

38.  Private  Schools — Reports  of. — Schools  kept  by  private  in- 
dividuals, in  public  district  school-houses,  after  the  regular  six 
months'  public  schools  have  been  taught,  should  not  be  considered 
and  reported  as  private  schools,  by  township  treasurers.  Such 
schools  are  mostly  attended  by  the  same  scholars  as  attend  the 
public  schools,  and  to  report  them  as  private  schools  and  pupils 
would  convey  an  erroneous  impression  of  the  relative  number  and 
condition  of  public  and  private  schools.  Only  permanent  schools, 
or  institutions,  such  as  select  schools,  academies,  etc.,  which  are 
held  in  houses  of  their  own,  and  are  wholly  independent  of,  and 
in  competition  with,  public  schools,  should  be  reported  as  private 
schools. 

39.  Removal  from  Office. — Section  thirty-two  of  the  act  provides 
that  a  township  treasurer  may  be  removed  from  office  at  any  time, 
by  the  board  of  trustees.  The  statute  gives  to  the  trustees  the  power 
to  remove  the  treasurer  at  pleasure.  Possessing  such  a  power,  the 
appointment  of  another  treasurer  is  of  itself  a  removal  of  the 
former  one  from  office.  It  does  not  require  a  separate  antecedent 
order  of  removal,  nor  to  spread  upon  their  records  the  reason  for 
removal.     (JToTbrooh  v.  Township  Trustees,  22  III.,  544.) 

40.  But  One  Bond  Required. — No  township  treasurer  is  re- 
quired to  execute  more  than  one  official  bond.  When  a  township 
lies  partly  in  two  counties,  the  treasurer  will  file  his  bond  with 
the  county  superintendent  of  the  county  in  which  the  school  sec- 
tion, or  the  greater  part  thereof,  is  situated;  and  the  certificate  of 
said  superintendent  will  be  sufficient  evidence  to  the  Superintend- 
ent of  the  other  county,  that  the  treasurer's  bond  has  been  filed 
according  to  law. 

41.  Township  Treasurers  to  Call  for  Funds. — It  is  the  duty  of 
township  treasurers  to  call  upon  the  county  superintendent  for  the 
funds  due  their  respective  townships,  upon  being  duly  notified  that 
the  same  are  ready  for  distribution.     (§  19.) 


190  "i  i  IOIAL   AHD   -mi- I'  i  \i.    \<\.<  i    [( 

I  •.  .1  ■;  ,  tm  '/'  -  ••'  Bond  Bout  <imi  When  Brought, — 
I„  :i||  ci  i    where  recourse  by  roil  on  ;i  township  tn  bond 

becon  f  .  the  rati   ibould  be  brought  by  the  board  of 

i  in  their  corporate  capacity,  in  theorem!  court    [Thomp» 

§on  >■.  Board  of  ZVtf*t0*t,8O  ///.,  ".,''. ) 

i        r       \ip  /',    /  urer    and  Road  Labor. — The  question  as 
lo  whether  township  breaeuren  arc  exempt   from  road   labor  of 
not,  dependi  upon  their  being  "school  officers,"  within  the  mean* 
•        :  ktnte.    The  ropreme  court  in  the  case  of  Hblbr 
hip  Tnuteetf  22  ///.,  689,  recognizi  •  township  tree  on 
"officers,"  :m< I   if  they  are  officera,  they  can  I":  none  other  than 
nch  they  would  seem  to  !><•  fairly  entitled  to 
the  immunities  granted  by  1 1 1  *  -  seventy-ai  cond  section  of  the  school 
law,  among  which  u  exemption  from  road  labor.    Township  b 
up  i  -  are  also  referred  to  nnder  the  designation  of  "school  offia 
in  the  ninth,  twenty-first,  seventy-fifth,  seventy-seventh,  ami  other 
sections  of  the  act. 

•1 1.  Delinquent  District  Taxes. — Township  treasuren  ate  re- 
quired to  pass  to  the  credit  of  each  district  the  amount  of  special 
tax  levied  and  collected  in  each.  To  enable  them  to  do  so,  the 
collector,  when  he  pays  over  the  amount  collected,  Bhould  furnish 
cadi  township  treasurer  with  a  statement  of  the  portion  of  said 

amount  collected    from  each  district,  and  a  similar  ali-tract    -liould 

be  furnished  l»y  the  officer  charged  with  the  collection  of  delin- 
quent taxes.  This  is  clear  from  section  forty-five  of  the  act, 
which  requires  the  county  clerk  to  deliver,  on  demand,  to  each 
township  treasurer,  a  certificate  of  the  amount  due  each  district, 
which  certificate,  upon  any  other  interpretation  than  the  above, 
would  be  useless,  unless  the  amount  due  from  the  whole  town- hip 
Bhould  be  collected  and  paid  over  at  the  same  time,  which  rarely, 
if  ever,  happens.  This  fa  further  evident  from  its  absolute  neces- 
sity, in  order  to  enable  town-hip  treasurers  to  settle  with  districts 
as  required  by  law.  I  am  aware  that  collectors  are  not  required 
by  statute  to  furnish  such  abstracts,  and  that  if  they  insist  upon 
paying  over  the  gross  amount  collected  from  each  town-hip.  with- 
out regard  to  districts,  the  town-hip  treasurers  cannot  refuse  to 
receive  the  money  in  that  way.  lhit  from  the  district  plats,  and 
names  of  district  tax-payers,  on  file  in  the  office  of  the  county 
clerk,  the  collector  can  easily  make  out  a  statement  by  districts, 
and   thereby  greatly  promote  the  public  interests  in    respect  to 


OFFICIAL   AND   JUDICIAL    DECISIONS.  191 

school  funds.  This  course  has  been  pursued  in  many  counties, 
with  the  best  results.  But  if  the  school  taxes  of  each  township 
are  paid  over  to  the  respective  treasurers  in  gross,  without  divis- 
ion, the  treasurers  must  ascertain,  from  the  list  of  tax-payers,  the 
respective  amounts  collected  from  each  district.  And  in  like 
maimer  when  the  delinquent  taxes  are  paid  over.  To  this  end 
every  treasurer  should  require  of  directors  that  the  certificate  and 
lists  of  tax-payers,  prescribed  in  section  forty-four,  be  furnished 
in  duplicate — one  to  be  returned  to  the  county  clerk,  and  the  other 
to  be  retained  and  filed  for  use. 

"When  collectors  of  district  school  taxes,  delinquent  or  other- 
wise, decline  to  make  out  a  statement  of  the  amount  belomnn"-  to 
each  district,  without  compensation  lor  the  extra  service,  township 
treasurers  may  allow  a  reasonable  fee  for  such  statement,  and 
charge  the  respective  districts  therewith,  in  proportion  to  the 
amount  collected  from  each  district.  If  such  statement  is  still 
refused  by  the  collector  the  township  treasurer  must  ascertain  the 
amount  due  each  district,  from  the  books  of  the  assessor,  and  for 
such  service  the  trustees  should  allow  him  a  reasonable  compen- 
sation. It  would  greatly  facilitate  the  making  of  such  statement, 
if  an  extra  column  were  ruled  in  the  assessor's  books,  showing 
the  number  of  the  district  in  which  each  tax-payer  resides. 


L92  ■    1  II    \M'   JUDK  1  v-i-    DEO] 


[V,    BCHOOL  DIBECTOBS. 

1.  Claim*  Must  be  Made  Within  Three  Mbnthe. —  Wlien  a  new 
district  is  formed,  it  ie  the  duty  <<f  the  township  trustees  to  divide 
the  school  funds  ami  property,  a-  provided  in  section  thirty-three 
of  the  art  ;  ami  since  the  property  musi  I"-  appraised,  and  the 
value  apportioned  among  the  several  districts  within  three  months 
from  tin'  formation  of  the  new  district  or  districts,  in  ease  the 
trustees  oegleol  <>r  refuse  to  divide  the  property,  the  directo 

the  districts  concerned  must  see  that  their  claims  an-  presented  to 
the  trustees  in  season.     (See  Decisions  relating  to  Trustees.} 

2.  Transfer  of  I'ujnls. — Under  the  law,  as  amended,  the  writ- 
ten permissions  required  by  section  thirty-five,  in  case  of  transfer 
of  pupils  from  one  district  to  another,  are  required  to  he  delivered 
to,  and  filed  by,  the  township  treasurers.  While  the  law  is  per- 
emptory in  requiring  such  permits,  it  is  evidently  intended  t<>  ap- 
ply to  those  who  desire  to  avail  themselves  of  the  benefit  of  the 
publie  WnuU,  which  can  only  be  drawn  by  keeping  and  presenting 
Beparate  schedules.  I  do  not  think  it  is  the  intention  to  apply  this 
rule  to  the  case  of  pupils  coming  from  other  districts,  or  from  dis- 
tant places,  provided  such  pupils  or  their  parents  are  -willing  to 
waive  their  claim  to  the  public  funds.  The  right  of  boards  of  di- 
rectors to  admit  pupils  of  this  class  upon  the  payment  of  such 
reasonable  tuition  fee  as  they  may  prescribe,  can  hardly  be  ques- 
tioned. In  the  case  of  scholars  from  unorganized  districts,  since 
they  cannot  obtain  permits  from  their  own  directors — there  being 
Done — it  is  plain  that  the  intention  of  the  law  will  be  satisfied,  if 
such  pupils  have  the  consent  of  the  directors  of  the  district  where 
they  attend  school,  and  township  treasurers  must  pay  the  separate 
schedules  in  such  cases  upon  the  written  consent  of  the  one  board 
of  directors.  A  director  may  lawfully  sign  a  permit  for  his  own 
children  to  attend  school  in  another  district. 

8.  Separate  Schedules. — It  is  a  fundamental  condition  of  the 
law  that  no  pupils  can  be  counted  in  the  distribution  of  the  school 
fund,  for  whom  schedules  are  not  kept  in  accordance  with  the  re- 


OFFICIAL   AND   JUDICIAL    DECISIONS.  193 

quirements  of  the  act.  When  schools  are  composed  of  pupils 
from  different  districts,  townships  or  counties,  separate  schedules 
must  be  kept  for  each,  and,  in  such  cases,  the  amount  certified  in 
each  schedule  must  be  estimated  upon  the  basis  of  the  aggregate 
attendance  of  all  the  schedules  of  the  school.  The  manner  in 
which  the  several  schedules  are  to  be  disposed  of  when  completed, 
is  clearly  pointed  out  in  the  act.     (§§  35  and  53.) 

4.  Union  Districts — Proceedings  under  Sections  33  and  35. — 
Section  thirty-three  empowers  township  trustees  to  lay  off  their 
township  into  "one  or  more"  school  districts.  The  same  section 
requires  them  to  prepare  a  map  showing  the  districts  into  which 
the  township  is  divided,  and  authorizes  them  to  "alter  or  change 
said  districts  at  any  regular  session."  It  also  requires  them  to 
make  a  new  map  as  often  as  may  be  necessary,  which  means  as 
often  as  any  changes  are  made  in  the  boundaries  of  districts. 
Power  is  therefore  expressly  given  to  the  trustees  to  make  one 
school  district  of  the  whole  township  if  they  see  fit ;  and  this  they 
may  do  at  the  first  organization  of  the  township  into  districts,  or 
at  any  subsequent  time,  provided  only  that  it  be  done  at  a  regular 
meeting  of  the  board.  When,  however,  any  portion  of  the  terri- 
tory of  a  township  is  attached  to  a  district  lying  partly  in  another 
township,  said  territory  must  be  excepted  by  the  trustees  in  con- 
solidating the  districts  of  the  township,  unless  consent  is  given  by 
the  trustees  of  the  other  township ;  for  it  is  a  fundamental  rule 
that  a  district  cannot  be  formed  out  of  parts  of  two  townships 
without  the  concurrence  of  both  boards  of  trustees,  and  that  when 
a  district  has  been  so  formed  it  cannot  afterwards  be  changed 
without  a  like  concurrence  of  both  boards.  With  this  exception, 
the  trustees  may  consolidate  all  the  districts  of  the  township  into 
one  district,  at  any  regular  session,  if  they  see  fit  to  do  so. 

Section  thirty-five  confers  the  power  to  consolidate  districts, 
upon  school  directors  also.  Their  power  in  this  respect  is  as  clear 
and  unquestionable  as  that  of  trustees.  It  is  limited  only  by  the 
number  of  concurring  boards  of  directors.  There  must  be  a  ma- 
jority of  each  board  of  directors  in  favor  of  the  union  or  consoli- 
dation. No  district  can  be  included  in  the  union,  at  least  two  of 
whose  directors  are  not  in  favor  of  it.  Districts  may  be  consoli- 
dated, (by  consent  of  the  directors  concerned,)  under  section  thirty- 
five,  at  any  time ;   under  section  thirty-three  it  can  only  be  done 

at  a  regular  meeting.     Trustees  may  consolidate  two  or  more  dis- 
13 


19  I  OFFICIAL  AND   JUDICIAL    DB4  [ft* 

I  rid-,  or  all  the  districts  of  the  township  if  they  choose,  with  or 
without  the  consent  or  cooourrenoe  of  either  the  directors  or  in- 
habitant! of  the  di  tricti  concerned,  and  their  action  i-  l<  gal  and 
valid,  bi  the  Bupreme  court  bai  decided.  On  the  other  hand,  two 
or  more  boardi  of  director!  may,  by  agreement,  consolidate  tln-ir 
respective  districts  at  any  time,  with  or  without  the  approval  of 
the  trustees,  and  their  action  U  legal  and  valid.  Within  the  fore- 
going limits,  the  powers  of  trustees  and  directors  in  respect  to  the 
consolidation  of  districts,  are  co-ordinate  and  co-extensive.  V  ither 
board  can  refuse  to  recognize  the  legal  action  of  the  other.  If 
tJic  trustees  pass  an  order  of  consolidation,  in  the  manner  pre- 
scribed by  law,  and  at  a  regular  meeting,  the  directors  and  people 
must  abide  by  it.  And  if  two  or  more  districts  are  consolidated 
l>v  the  directors  thereof,  in  manner  and  form  ai  prescribed  by  the 
thirty-fifth  section  of  the  act,  the  trustees  musl  change  the  map  of 
the  township  in  accordance  therewith;  they  have  no  discretion  in 
such  case — the  law  is  peremptory. 

The  object  of  the  last  part  of  the  thirty-fifth  section,  is  not  to 
define  what  shall  he  a  "union  district,"  in  distinction  from  other 
districts.  It  makes  no  difference  whether  two  or  more  district 
are  united  by  the  trustees,  under  section  thirty-three,  or  by  the 
directors,  under  section  thirty-five  ;  the  result  is  the  same  in  both 
cases,  no  matter  by  what  name  and  style  the  new  district  so  estab- 
lished, is  designated.  The  purpose  and  intent  of  the  clause  in 
question  is  to  provide  another  mode  of  establishing  large  and  better 
districts,  when  occasion  requires.  The  law  simply  furnishes  two 
ways  of  doing  the  same  thing.  If  it  is  desirable  to  unite  a  couple 
of  districts  in  order  to  secure  better  educational  pri\  ileges,  the 
trustees  may  do  it  if  they  see  fit ;  if  they  neglect  or  refuse,  then 
the  directors  of  the  two  districts  may  do  it,  and  vice  versa.  Each 
board  is  a  check  upon  the  non-action,  or  unwise  action,  of  the 
other,  and  thus  the  public  interests  are  protected  and  promoted. 
After  two  or  more  districts  have  been  united  under  section  thirty- 
five,  they  cannot  again  be  divided  except  by  the  township  trustees. 
The  power  of  consolidation  only,  not  of  division,  is  conferred  upon 
directors  by  said  section.  It  was  the  express  purpose  of  the  legis- 
lature, in  section  thirty-five  of  the  amended  school  law,  to  enable 
boards  of  directors  of  two  or  more  adjoining  districts  to  consoli- 
date said  districts,  independently  of  the  action  of  township  trust- 
ees, should  circumstances  arise  rendering  it  for  the  best  interests 


OFFICIAL   AND   JUDICIAL    DECISIONS.  195 

of  the  respective  districts  for  the  same  to  be  done.  In  advocating 
the  amendment  it  was  urged  that  instances  sometimes  occurred  in 
which  it  was  desirable  to  consolidate  districts  during  the  interval 
between  the  regular  meetings  of  the  trustees,  in  April -and  Octo- 
ber, and  the  amendment  was  intended  to  meet  such  cases.  It  was 
further  intended,  by  the  amendment,  to  provide  means  by  which 
districts  could  be  consolidated  by  the  directors  themselves,  when 
the  trustees  should,  without  sufficient  cause,  refuse  to  make  such 
consolidation. 

There  are,  therefore,  two  distinct  and  independent  modes  of 
consolidating  school  districts  :  one  by  the  township  trustees,  under 
section  thirty- three,  the  other  by  the  concurrent  action  of  the  re- 
spective boards  of  directors.  The  former  can  only  be  done  at  a 
regular  semi-annual  meeting,  in  April  or  October — the  latter  may 
be  done  at  any  time.  The  action  of  the  trustees,  in  such  consolida- 
tions, is  independent  of  the  petition  or  protest  of  the  directors,  or 
inhabitants  of  the  districts  concerned — the  trustees  beinjr  author- 
ized  to  act  in  accordance  with  their  own  best  judgment  and  dis- 
cretion, and  their  action  cannot  be  interfered  with.  In  like  manner 
when  two  or  more  boards  of  directors  proceed  in  the  exercise  of 
the  power  clearly  conferred  upon  them  by  section  thirty-five,  and 
consolidate  their  respective  districts  in  the  manner  prescribed  by 
law,  their  action  is  equally  independent  of  the  trustees,  and  is 
valid  and  binding  to  all  intents  and  purposes  whatever — the  trust- 
ees having  no  right  or  power  to  prevent  such  act  of  consolidation. 
Upon  receiving  the  proper  certificate,  duly  signed  by  a  majority 
of  each  concurring  board  of  directors,  it  is  the  imperative  duty  of 
the  trustees  to  cause  the  map  of  the  township  to  be  changed  in 
accordance  therewith,  and  to  file  the  same  with  the  clerk  of  the 
county  court.  Nor  does  it  matter  whether  the  districts  consoli- 
dated by  the  directors  are  in  the  same  township  or  in  different 
townships.  The  power  of  consolidation  conferred  upon  directors 
by  section  thirty-five,  is,  in  this  respect,  as  extensive  as  that  con- 
ferred upon  trustees  in  section  thirty-three.  The  use  of  the 
singular  number,  "  township,"  in  section  thirty-five,  is  not  to  be 
understood  as  restricting  the  meaning  to  districts  lying  wholly  in 
the  same  township.  Even  if  the  treasurer  neglect  or  refuse  to 
file  with  the  county  clerk  a  map  of  the  union  district,  the  legal 
existence  of  said  district  is  not  thereby  impaired,  for  the  provis- 
ion requiring  a  plat  of  the  district  to  be  furnished  is  only  directory 


L98  OFFICIAL    \m>   JUDICIAL    i>i.'  [6I< 

and  i-  doI  essentia]  to  the  validity  of  the  act  of  directort  in  tlic 
ition  of  anion  districts.     I  Muneon  v.  Mm.,-,  22  I'1-.  597.) 

/'  rt, i.  Township  trnsteei  are  the  <<nly 
p<  i  oni  authorized  by  law  to  sell  and  convey  school-houses,  rites, 
etc.  \\  hen  director!  desire  the  sale  of  Buch  property)  they  must 
therefore  make  application  to  the  trustees,  whose  duty  it  will  he 
to  make  the  desired  sale  and  conveyance. 

(•,.  Certificate*  nf  Taxation,—" Whenever  the  levy  of  a  district 
tax  i-  necessary  for  the  support  of  schools,  the  director!  must  tile 
with  the  township  treasurer  their  certificate  of  the  rat*-  to  be 
levied,  together  with  a  lis!  of  the  tax-payers  of  their  district, 
alphabetically  arranged.  Said  certificate  and  li-t  must  be  returned 
to  the  township  treasurer  on  or  before  the  firsl  Monday  of  Sep- 
tember annually.  The  treasurer  ii  under  no  obligation  to  receive 
the  certificate,  if  not  presented  by  that  time.  (  i  14.  >  It  is  es- 
sential t<>  the  validity  of  a  school  tax,  that  it  he  certified  to  the 
proper  officer  on  the  day  designated  bylaw.  (CowgxQ.  v.  I 
15  ///.,  202.) 

The  certificate  and  list  of  tax-payers  should  he  furnished  by 
the  directors  in  duplicate^  one  to  be  filed  by  the  township  treasurer 
in  his  office,  the  other  to  be  returned  to  the  county  clerk.  The 
retained  list  will  assist  the  township  treasurer  to  ascertain  the 
amount  of  tax  collected,  and  the  amount  delinquent,  in  each 
district,  when  a  statement  to  that  effect  is  not  furnished  by  the 
collectors. 

7.  Building  School -Houses. — For  the  purpose  of  building, 
repairing  and  improving  school-houses,  or  purchasing  school  - 
the  directors,  by  a  vote  of  the  people,  may  borrow  money  and 
levy  taxes,  but  the  sum  borrowed  in  any  one  year  cannot  exceed 
five  per  cent,  of  the  taxable  property  of  the  district,  nor  can  the 
tax  levied  in  any  one  year  exceed  three  per  cent,  of  said  taxable 
property.  In  voting  to  borrow  money,  under  section  forty-seven, 
the  exact  amount  should  be  stated.  It  is  not  best  to  leave  the 
amount  to  the  discretion  of  the  directors.  Township  treasurers 
and  others,  wrould  not  deem  it  safe  to  loan  money  to  boards  of 
directors  if  the  definite  sum  to  be  borrowed  had  not  been  voted 
upon.  In  all  such  transactions  the  greatest  clearness  and  definite 
ness  should  be  observed  in  the  proceedings.  Everything  should 
appear  plainly  on  the  records.  It  is  the  only  safe  rule.  If  the 
amount  first  voted  is  found  inadequate,  another  meeting  may  be 


OFFICIAL   AND   JUDICIAL    DECISIONS.  197 

called  and  an  additional  sum  voted,  etc.  But  if  the  people  should, 
nevertheless,  vote  to  leave  the  amount  to  the  judgment  and  discre- 
tion of  the  directors,  it  is  held  that  the  directors  would  be  thereby 
legally  empowered  to  exercise  the  discretion  so  conferred,  and  bor- 
row such  sum  as  to  them  may  seem  expedient,  subject  to  the  limi- 
tation prescribed  by  law.  The  proceedings  of  all  such  meetings 
must  be  carefully  recorded  by  the  clerk  of  the  board,  as  evidence 
of  the  authority  conferred.  (§  47.)  No  money  can  be  borrowed, 
or  tax  levied,  in  any  case,  for  the  erection  of  school-houses,  pur- 
chasing sites,  etc.,  without  a  vote  of  the  people  of  the  district. 
{Beverly  v.  Sabin,  20  III.,  357.) 

8.  May  Locate  Site  in  Certain  Cases. — In  case  the  question  of 
locating-  a  school-house  site  is  submitted  to  the  voters  of  a  district, 
and  the  voters  fail  to  agree,  and  no  one  locality  receives  a  majority 
of  all  the  votes  cast,  the  board  of  directors  are,  in  that  case,  if  in 
their  judgment  the  interests  of  the  district  require  it,  authorized  to 
select  a  suitable  site ;  and  the  site  so  chosen  by  them  shall,  in  that 
case,  be  in  all  respects  legal  and  valid.     (§  48.) 

9.  Must  Receipt  for  Schedules. — The  director  or  directors  to 
whom  a  schedule  is  delivered  by  the  teacher,  must  give  said 
teacher  a  receipt  for  the  same,  and  for  any  loss  sustained  by  the 
teacher  through  failure  to  deliver  the  schedule  to  the  township 
treasurer  within  the  time  fixed  by  law,  the  director  or  directors 
receipting  for  the  same  are  personally  liable.     (§  54.) 

10.  Interest  on  Balances  Due  Teachers. — If  the  amount  certified 
in  any  schedule  to  be  due  the  teacher,  or.  any  part  thereof,  is  not 
paid  on  the  first  Monday  of  April  or  October,  said  amount,  or  said 
part  thereof,  is  entitled  to  interest  at  the  rate  of  ten  per  cent,  per 
annum  until  paid ;  and  school  directors  must  allow  and  pay  said. rate 
of  interest,  and  said  balances  due  teachers,  out  of  the  first  moneys 
belonging  to  the  district,  and  not  otherwise  specifically  appropriated. 
This  positive  requirement  of  the  law,  while  just  to  teachers,  is  not 
unjust  to  directors,  since  directors  are  clothed  with  ample  power, 
and  it  is  their  imperative  duty,  to  levy  such  a  tax  annually,  as  will 
enable  them  to  pay  their  teachers  in  full,  and  meet  all  other  cor- 
porate liabilities.     (§  54.) 

11.  May  Demand  Semi-annual  Statement  from  Township  Treas- 
urer.— Township  treasurers  are  by  law  required  to  settle  semi-an- 
nually with  each  board  of  school  directors  in  their  respective  town- 
ships.    Directors  may  therefore  demand,  and  township  treasurers 


L98  OFFICIAL  AWD  JUDICIAL  MBCI8I< 

inn  i  furnish,  on  the  firsl  Mondaj  of  April  and  ( ) <  t < .  1 . « •  r-  of  each 
rear,  a  certified    tatement,  showing  the  condition  of  the  :i'<< » u  n  t 

of  each  di  trict,  and  the  i >unt  of  fundc  on  hand  to  the  credit  and 

subject  t"  the  order  of  the  directors  of  each  district  respectively. 
This  exhibit  will  enable  directors  to  proceed  onderstandingly,  in 
making  their  estimate!  and  levying  tazei  for  the  currenl  exp  ofes 
of  each  school  year.     (§  68.) 

I  _'.  Questions  of  Residence.-*  The  ri;_rht  of  children  to  attend 
school  in  a  given  district  is  based  apon  their  being  residents  of 
said  district.  The  right  to  determine  all  questions  of  residence, 
and  of  eligibility  to  the  privileges  of  b  districl  school  if  rested  in 
the  directors.     I  §  I B.  I 

I  ■'..  May  /•■  '  t  Rent  School-Souses. —  By  section  forty-eight 
directors  are  required  to  establish  :i  sufficient  numbered  free  schools 
for  the  proper  accommodation  of  all  the  children  of  lawful  school 
age  in  their  respective  districts.  By  section  forty-three  they  are 
authorized  ti>  levy  a  t;ix  annually  sufficient  to  defray  all  necessary 
expenses  of  a  six  months'  school.  It  follow-  from  these  provisions 
of  the  statute  that  directors  have  power  to  lease  or  renl  suitable 
rooms  or  houses  for  schools,  without  :i  vote  of  the  people,  when- 
ever the  interests  of  the  district,  in  their  estimation,  require  the 
same  to  he  done  :  and  to  include  the  amount  of  rent  in  their  annual 
levy  for  Bchool  purposes.  The  exercise  of  this  righl  will  he 
proper  in  case  of  the  loss  of  a  school-house  by  fire  or  otherwise, 
or  when  the  schools  become  too  crowded,  or  when  it  is  desired  to 
grade  the  schools,  or  when  a  district  is  territorially  too  large  for 
all  the  children  to  assemble  in  one  place,  etc.  It  is  plain  that  cir- 
cumstances may  exist  in  which  it  is  not  only  the  right,  but  the 
imperative  duty  of  the  directors,  to  temporarily  rent  a  room  or 
house  for  school  purposes;  but  permanent  school-houses  must  in 
all  cases  be  built  or  provided  as  soon  as  practicable.  Renting  is 
only  a  temporary  expedient. 

14.  Directors  an<J  People. — By  section  forty-eight,  directors  are 
clothed  with  authority  to  appoint  teachers,  and  regulate  the  internal 
affairs  of  the  school  in  accordance  with  their  own  best  judgment. 
It  is  presumed,  of  course,  that  in  the  exercise  of  this  author- 
ity, they  will  act  with  due  regard  to  the  opinions  and  wi.-hes 
of  the  people  of  the  district,  whose  agents  they  are,  and  treat 
with  proper  attention  and  courtesy  all  requests  and  8Ugg<  9- 
tions  relative  to  the  interests   of  the  school,  which   may  be   sub- 


OFFICIAL   AND   JUDICIAL   DECISIONS.  199 

mitted  to  them.  But  the  directors,  not  the  citizens  at  large, 
are  legally  accountable  for  the  control  and  management 
of  the  school.  If  the  affairs  of  the  school  and  of  the  district 
are  wisely  and  successfully  administered,  the  directors  are 
justly  entitled  to  credit  for  their  faithfulness;  but  if  those 
affairs  are  conducted  imprudently  and  unsuccessfully,  the  ac- 
countability rests,  both  in  law  and  in  public  sentiment,  upon 
the  directors,  not  the  citizens  at  large.  Now,  authority  must 
be  commensurate  with  duty — prerogative  with  obligation. 
"Whenever,  therefore,  a  difference  of  opinion  arises  between 
the  directors  and  citizens,  in  respect  to  the  choice  of  a  teacher, 
or  any  other  question  of  school  policy,  the  directors  have  full 
power  to  decide  the  points  in  controversy,  and  it  is  their  duty 
to  do  so  according  to  their  own  best  judgment  and  discretion, 
amenable  only  to  the  provisions  of  the  school  law  of  the  state, 
from  which  all  their  official  powers  are  derived.  It  is  true 
that  legal  proceeding  may  be  instituted  against  a  board  of  di- 
rectors for  manifest  neglect  of  duty,  or  for  illegal  conduct. 
But  this  can  not  be  affirmed  of  a  mere  difference  of  opinion 
in  the  choice  of  a  teacher,  no  matter  how  great  may  be  the 
popular  opposition  to  the  choice  of  the  directors.     (§  48.) 

15.  Directors  may  Resign. — No  man  can  be  compelled,  by 
law,  to  hold  an  office  against  his  will.  The  right  to  resign  can- 
not be  questioned.  A  director  can  resign  at  auy  time.  When 
a  director  resigns,  his  resignation  should  be  made  in  writing, 
and  tendered  to  the  board  of  which  he  is  a  member,  but  the 
Iawr  does  not  forbid  the  acceptance  of  a  verbal  resignation,  if 
formally  tendered  at  a  meeting  of  the  board.  The  refusal,  or 
persistent  neglect,  of  a  school  director  to  act  as  such,  and  to 
discharge  the  duties  required  of  him  by  law,  is  equivalent 
to  a  resignation,  and  may  be  so  regarded  by  the  other  directors, 
who  may  proceed  to  fill  such  vacancy  according  to  law;  or 
such  delinquent  director  may  be  compelled  by  mandamus  to 
perform  his  official  duties;  that  writ  being  the  proper  one  to 
compel  a  party  to  act  when  it  is  his  duty  to  act  without  it. 
{People  v.  Gilmer,  5  Gilm.,  242.)  All  resignations  should  be 
made  to  take  effect  from  the  election  of  successors,  so  that  the 
board  may  not  be  left  without  a  quorum  for  business. 

16.  Inci/lental  Expenses. — The  forty-third  section  authorizes 
the  directors  of  each  district,  without  a  vote  of  the  people,  to 


200  OFFICIAL    \M>   •"  DIOIAL    DE4  IBH 

lf\  v  :m  annual  tax,  "for  the  pur] of  procuring  furniture, 

fuel,  libraries  and  apparatu  .  and  For  :  >  1 W  pther  nece  sary  inci- 
dental expenses"  of  the  school.  The  law  does  not  contem- 
plate thai  these  expenses  mould  be  paid  out  of  the  Btate  fund 
iinN  there  is  b  urplus.  Elence,  it  is  the  obviou  duty  of 
the  director!  to  make  provision  for  such  item  cial  tax 

r.ui  where  the  public  fundi  are  more  than  sufficient  for  all 
the  regular  expenses  of  the  school,  the  surplus  maj  I"-  applied 
for  the  incidental  exp<  ases  mentioned  above,  or  for  any  other 
legitimate  Bchool  purpose,  The  objecl  of  the  authority  con- 
ferred in  this  section,  is  to  enable  the  directors  to  provide  the 
means  necessary,  nol  only  for  the  regular  current  expen  I 
the  Bchool,  but  also  for  those  numerous  conveniences  and  appli- 
ances essential  to  the  proper  equipmenl  and  furnishing  of  theix 
schools,  school-houses,  and  grounds.  The  tax  for  these  pur- 
poses may  be  levied  without  a  vote  of  the  people,  and  while 
no  unreasonable  expenditure  should  he  incurred,  directors 
alio u Id  not  hesitate  to  exercise  the  discretion  conferred  by  this 
section  to  any  extent  necessary  t'<>r  the  complete  arrangement 
and  t'u  l-n  i  si  dug  of  their  schools.  The  purchase  of  all  necessary 
books,  maps,  etc.,  is  included  in  the  scope  of  this  section.  It 
is  true  economy  to  procure  whatever  is  necessary  for  the  com- 
fort and  convenience  of  the  scholars,  and  for  the  aid  of  the 
teacher  in  his  work. 

17.  Loaning  District  Funds. — The  law  confers  no  direct  au- 
thority upon  directors  to  loan  surplus  district  funds,  nor  is 
there  any  provision  of  the  act  which  seems  to  contemplate  the 
loaning  of  district  funds  at  all;  but  if  it  should  he  held  that 
the  silence  of  the  act  upon  this  point  is  not  to  be  cousin  i 
a.s  prohibitory,  there  can  be  no  doubt  that,  if  such  surplus  is 
loaned  at  all,  it  must  be  by  the  township  treasurer,  and  upon 
the  same  terms,  conditions,  and  securities  as  other  funds  arc 
loaned  by  him.  The  interest  accruing  from  district  funds, 
should  they  be  loaned,  belongs,  of  course,  to  the  district,  and 
not  to  the  township  at  large;  and  the  treasurer  would  he  en- 
titled to  the  same  percentage  as  for  loaning  townshipjfumls. 

18.  Cannot  Delegate  Control — The  directors  are  not  author- 
ized to  certify  to  the  correctness  of  any  schedule  unless  the 
school  is  conducted  according  to  law.  But  no  school  can  he 
conducted  according  to  law  that  is  not  under  the  exclusive 


OFFICIAL   AND   JUDICIAL    DECISIONS.  201 

supervision  of  the  directors.  Consequently,  no  select  school, 
that  is  not  under  their  jurisdiction,  and  not  open  alike  to  all  the 
children  in  the  district  is  entitled  to  any  of  the  school  fund. 
Nor  can  school  directors  make  any  compromise  with  the 
trustees  of  a  seminary,  academy,  or  any  private  institution, 
by  which-they  agree  to  surrender  any  part  of  their  legal  juris- 
diction and  control  of  the  school.  It  is  a  fundamental  require- 
ment of  the  school  law,  that  all  schools  established  under  it 
shall  be  subject  to  the  exclusive  direction  and  control  of  a  reg- 
ularly elected  board  of  school  directors,  and  be  perfectly  free 
for  at  least  six  months  in  the  year,  to  all  the  children,  of  law- 
ful age,  in  the  district. 

19.  Quorum  for  Business. — No  business  can  be  legally  trans- 
acted by  the  directors,  at  any  appointed  meeting,  unless  at 
least  two  members  are  present;  nor  will  any  order,  certificate, 
or  other  official  paper,  drawn  by  them  be  of  legal  effect,  un- 
less signed  by  at  least  two  of  the  board,  or  by  the  president 
and  clerk;  provided,  that  in  case  of  two  vacancies  in  the  board, 
the  remaining  director  may  order  a  special  election  to  fill  such 
vacancies,  as  authorized  by  section  forty-two,  and  may  perform 
other  necessary  official  business  till  the  vacancies  can  be  filled. 
By  section  forty- eight,  two  school  directors  are  expressly  de- 
clared to  be  a  quorum  for  business,  and,  while  all  should  be 
notified,  yet  if  two  of  the  board  concur  in  opinion,  they  may 
legally  perform  any  act  which  the  board  is  authorized  to  do, 
and  their  acts  will  be  valid.  It  is  not  essential  to  the  validity  of 
the  act  that  the  third  director  should  join  with  them  or  even 
be  notified  of  their  proceedings.  If  an  act  has  the  approval 
of  a  legal  majority  of  the  board,  the  non-concurrence  or  knowl- 
edge of  the  other  member  will  not  be  inquired  into.  (Trustees 
v.  Allen,  21  111,  120.)     (Schofield  v.  WatMns,  22  III.,  66.) 

20.  Children  Under  Age. — By  the  amended  law,  those  only 
who  are  between  six  and  twenty-one  years  of  age  have  a  legal 
claim  to  the  privileges  of  the  public  schools.  Children  under 
six  should  not  be  admitted,  but  directors  have,  in  my  estima- 
tion, some  discretion  in  respect  to  persons  over  twenty-one. 
They  cannot  refuse  any  whose  ages  are  within  the  prescribed 
limits,  but  they  may  in  special  cases,  and  when  the  interests  of 
the  school  will  not  in  any  manner  be  compromised  thereby, 
receive  persons  over  twenty-one,  either  residents  or  non-resi- 


202  "in1  lax  and  .11  nan  i  \l  m.«  tsi< 

,  charging  them  b  reasonable  fee  for  tuition.     But  in  no 
whatever  can  persona  under  rer  twentj  «one  be  in- 

cluded in  the  ichedule  opon  which  the  public  fund  is  divided. 
Should  such  per  o  included,  their  attendance  must  be 

deducted  by  the  tru  teet   from  the  grand  total  of  attends 
re  making  the  apportionment  on  Bcheduli 

21.  Acts  art  not  Invalidated  by  Mr*  Trrandaritu  ». — 
Mere  irregularities  and  informalities  in  the  levy  and  collection 
of  a  district  tax  do  col  render  such  tax  illegal,  nor  can  the 
levy  and  collection  thereof  be  restrained  for  Buch  reasons, 
whether  the  officers  levying  the  Bamewere  officers  </<  ]■  oi 
<!,  facto;  nor  is  a  notice  of  a  district  election  invalidated  by 
unimportanl  omissions,  provided  it  specifies  the  purpose  or 
purposes  of  such  election  in  such  a  way  as  to  leave  no  doubt 
of  its  meaning;  nor  where  a  aite  for  a  school-house  has  been 
duly  chosen  is  it  rendered  illegal  on  account  of  irregularities 
or  omissions  made  by  the  clerk  in  describing  the  Bite  selected  ; 
nor  is  a  district  tax,  levied  for  the  building  of  a  school-house, 
or  other  lawful  school  purpose,  rendered  void  by  the  omission 
to  tax  ;i  portion  of  the  persons  in  the  district,  or  a  portion  of 
the  taxable  property  in  the  same.'  (Merrii  v.  Farris,  22  III, 
803.) 

22.  Directors  an  not  Personalty  Liable  for  their  Corporal* 
Arts. — Directors  may  be  sued  as  directors,  not  as  individuals. 
Their  private  property  can  not  be  taken  in  satisfaction  of  any 
judgment  obtained  against  them  in  their  official  character  as 
directors.  Their  liability  for  debts  legally  contracted  is  a  cor- 
porate, not  a  personal  liability.  They  can  be  proceeded  against 
for  the  recovery  o'i  all  just  claims,  as  directors,  not*as  individ- 
uals. Teachers  and  others  are  often  non-suited  in  actions  of 
debt  against  directors  for  failing  to  observe  this  distinction  in 
the  form  of  proceedings.  No  claims  are  surer  of  being  ulti- 
mately paid  than  those  legally  held  against  boards  of  directors; 
for,  to  the  liquidation  of  such  debts,  the  whole  taxable  prop- 
erty of  the  district  is  pledged,  and  sooner  or  later  the  amount 
must  and  will  be  made,  by  taxation  or  otherwise.  The  act 
(§  4!')  expressly  authorizes  the  court,  where  judgment  against 
any  board  of  directors  is  obtained,  to  enforce  payment  by 
attachment  or  mandamus,  compelling  said  board  to  levy  a  tax, 
if  necessary,  to  pay  the  amount  of  said  judgment,  with  interest 


OFFICIAL   AND   JUDICIAL    DECISIONS.  203 

and  costs.  But  it  must  be  remembered  that  the  property  of 
directors  as  individuals,  is  not  liable  for  such  debts.  The  fore- 
going remarks  do  not  apply,  of  course,  in  case  of  malfeasance, 
or  neglect  of  official  duty,  on  the  part  of  directors.  For  losses 
caused  by  illegal  acts,  or  through  failure  to  perform  duties  en- 
joined by  law,  directors  are  personally  liable  ;  because,  in  such 
cases,  their  relation  to  the  district  is  changed ;  it  ceases  to  be 
of  a  legally  representative  character,  and  hence,  their  acts  not 
having  the  sanction  of  the  law,  they  and  their  property,  and 
not  the  district  and  its  property,  must  be  held  answerable  for 
the  consequences.  The  district  is  held  responsible  for  con- 
tracts made  or  debts  incurred  under  the  law,  and  for  no  others. 
23.  Special  District  Taxes. — Funds  raised  by  special  district 
taxation  are  not  'public  funds  in  the  sense  of  the  law,  and  there- 
fore not  subject  to  apportionment  by  the  trustees,  but  are  un- 
der the  exclusive  control  of  the  directors  of  the  district,  and 
must  be  paid  out  on  their  order.  Such  funds  are  not  subject 
to,  or  affected  by,  the  six  months'  rule,  nor  do  they  come  in 
any  manner  under  the  supervision  or  control  of  the  township 
trustees.  (§§  44  and  67.) 
.  24.  Orders  on  Township  Treasurer,  When  and  How  Drawn. — 
Directors  may  draw  orders  on  their  treasurer  in  favor  of  a 
teacher,  for  past  services,  or  any  other  legal  creditor  of  the 
board,  at  any  time,  provided  there  is  an  unappropriated  balance 
to  their  credit  in  the  hands  of  the  treasurer.  Otherwise  \he 
directors  cannot  draw  on  the  treasurer,  nor  can  he  pay  over 
any  money  to  the  teacher  until  his  schedule  has  been  filed,  and 
apportionment  made  thereon  by  the  trustees.  All  orders  must 
state  the  purpose  or  indebtedness  for  which  they  are  drawn, 
and  must  be  signed  by  a  majority  of  the  board  of  directors,  or 
by  the  president  and  clerk,  otherwise  they  will  not  be  legal. 
(§§  53  and  67.) 

25.  Cannot  be  Sued  by  Teachers  for  Their  Wages  until  After 
Apportionment. — It  is  expressly  declared  in  section  fifty-four, 
that  teachers'  schedules  are  legally  payable  on  the  first  Mon- 
days in  Af>ril  and  October  of  each  year,  and  that  interest  there- 
on does  not  commence  to  accrue  until  after  those  dates  re- 
spectively. It  follows  that  teachers  cannot  sue  for  their  wages 
until  after  apportionment.  Twice  a  year  only,  namely,  the 
first  of  April  and  October,  the  directors  receive  school  funds. 


204  i  \i.  AMD  JUDICIAL   DEOISK 

Their  obligation  to  pay  being  carp  irate,  not  peraonal,  they  could 
not  be  compelled  to  paj  teachen  oul  of  their  private  funds, 

l.nt  only  «.iit  ..t'  the  icl l  funds.     Cf,  then,  it  ihould  be  held 

thai  the  director!  are  liable  to  pay  prior  to  April  or  « October, 
it  would  follow  that  thej  are  required  by  law  to  pay  money 
I  re  the  law  itself  enables  them  to  do  bo,  bj  placing  that 
money  al  their  disposal-  -a  conclusion  the  anreasonablem  I 
which  is  self-evident  But,  while  directors  » ;i u i m  >t  1»«-  com- 
pelled by  Buil  to  pay  teachers  prior  to  the  datei  aforesaid, 
maj  and  should  Bettle  with  teachen  sooner,  provided  they  have 
unappropriated  funds  in  the  hands  of  the  treasui 
in  thf  preceding  decision. 

\fust  File  Schedule*  irith  Township   I  tr. — When  a 

Bohool  is  composed  of  pupils  from  different  districts,  the  di- 
rectors of  the  district  in  which  the  school  is  taught  must  certify 
all  the  schedules.     Directors  must  examine  all  schedule 
livered  to  them,  and,  after  correcting  all  errors,  they  must,  by 
at  least  two  of  their  number,  certify  to  their  coi  -  and 

file  tin'  Bame  with  the  township  treasurer  on  or  before  the  day 
fixed  by  law.  If  they  fail  to  d<>  this,  bo  that  the  schedule  is 
forfeited  by  not  being  filed  in  season,  or  rejected  through  their 
neglect  to  make  the  necessary  corrections,  they  are  personally 
liable  for  the  loss  sustained  through  Bucb  failure  gleet, 

and  damages  may  he  collected  by  the  teacher.  No  schedule 
can  be  certified  which  reaches  back  more  than  six  months  from 
the  time  fixed  by  law  for  the  stated  return  of  seheduh 
township  treasurers.  (§§  53  and  54.)  Directors  must  be  very 
careful  to  present  the  schedules  in  Beason,  for  the  trustees  have 
mi  discretion  left  to  receive  schedules  after  the  day  fixed  by 
law.     [Thomas  v.  Trustees  of  S  ;     '-.  16  111-,  1' 

27.    Judgments  Against  Directors  Musi  be  Pai  /'  the  Dis- 

trict Funds. — When  directors  are  sued,  in  their  corporate  name, 
and  judgment  is  obtained  against  them,  said  judgment   I 
be  paid  out  of  .the  funds  belonging  to  the  district:  iteai 
be  satisfied  out  of  the  unapportioned  township  funds. 
same  is  true  where  a  mandamus  is  issued,  directed  against  the 
trustees,  treasurer  and  directors,  which  is  the  usual  form.     It 
cannot  he  supposed  that  a  judgment  against  a  single  district 
should  he  satisfied  out  oi'  funds  not  yet  apportioned   by  the 
trustees  to  the  several  districts  ;  this  would  make  all  the  dis- 


OFFICIAL   AND    JUDICIAL    DECISIONS.  205 

tricts  contribute  to  the  payment  of  the  debts  of  one.     Every 
district  is  liable  exclusively  for  its  own  debts.     (§  49.) 

28.  Cannot  Borrow  Money  to  Pay  Teachers. — School  directors 
are  not  authorized  to  borrow  money,  in  their  corporate  name, 
to  pay  teachers.  They,  may  borrow  money  as  individuals,  but 
not  as  directors,  to  pay  teachers. 

29.  A  Director  Cannot  be  Employed  as  Teacher. — A  school 
director  cannot  be  interested  in  any  contract  made  by  the 
board  of  which  he  is  a  member.  As  the  employment  of  a 
teacher,  by  a  board  of  directors,  is  a  contract  under  the  law, 
it  follows  that  a  director  cannot  be  legally  employed  by  the  re- 
maining directors  as  a  teacher.     (§  42.) 

30.  Contracts  Binding  on  Successors. — Directors  are  a  body 
politic  and  corporate,  and  hence  all  of  the  legal  acts  and  con- 
tracts of  one  board  are  binding  upon  their  successors  in  office. 
If  a  board  of  directors  employ  a  teacher  for  a  stipulated  time, 
not  exceeding  one  year,  their  successors  are  bound  to  fulfill  such 
contract  in  good  faith.     (§  48.) 

31.  Dismissal  of  Teachers. — Teachers  may  be  dismissed  for 
causes  specified  in  the  act,  one  of  which  is  incompetency.  As 
each  board  of  directors  is  authorized  to  determine  for  itself 
the  question  of  competency,  so  far  as  its  own  schooj,  is  con- 
cerned, it  follows  that  they  may  dismiss  a  teacher  on  the  ground 
of  incompetency,  notwithstanding  said  teacher  may  have  a  cer- 
tificate from  the  county  superintendent.  With  whatever  fidel- 
ity the  superintendent  may  endeavor  to  discharge  his  duty,  he 
can  form  but  an  imperfect  judgment,  as  a  general  rule,  of  the 
moral  character,  and  especially  of  the  teaching  ability  of  the 
candidate,  and  hence,  although  the  superintendent  may  be 
warranted  in  granting  a  certificate,  the  person  may  fail  as  a 
practical  teacher,  or  in  ability  to  meet  the  requirements  of  a 
particular  school,  and  in  such  case  directors  would  be  author- 
ized to  discharge  him  from  their  service.  A  teacher  may  suc- 
ceed in  one  school  and  yet  fail  in  another,  where  the  standard 
of  excellence  is  much  higher,  or  where  the  pupils  are  more 
turbulent.  While  the  law  does  not  require  directors  to  assign 
specific  reasons  for  the  dismissal  of  a  teacher,  yet  a  sense  of 
justice,  and  a  proper  regard  for  the  reputation  of  the  teacher, 
should  prompt  them  to  do  so.  A  teacher  feeling  aggrieved 
by  the  action  of  the  directors  in  discharging  him,  may  sue 


071X01  Ub   AND   JUDICIAL    DB0IIIOI 

then  forhii  >r  other  damages,  and  thus  compel  them 

,,a  cause  for  the  dismissal,  and  tosupporl  their  allega- 
tioni  by  adequate  proof. 

The  principle  hai  been  clearly  settled  by  the  supreme  court 
of  this  state,  thai  where  a  teacher  obtains  the  proper  certificate 
of  qualification  from  the  county  superintendent  of  schools, 
and  is  employed  to  teach  n  common  school,  lit-  may  neverthe- 
>e  discharged  bj  the  directors  of  the  district  for  Incom- 
petency or  oegleol  of  duly;  but  that  it  devolves  upon  the 
directors  to  prove  the  (act,  in  case  an  action  is  broughl  against 
them  by  the  teacher.  Also,  that  the  possession  ofa  certificate 
na  facie  evidence  of  the  fact  of  the  teacher's  competency, 
and,  hence,  that  when  directors  discharge  such  ;i  teacher,  after 
he  has  been  employed,  they  assume  the  burthen  of  proving 
the  existence  of  the  grounds  for  which  lie  is  discharged.  In 
considering  the  grounds  upon  which  a  teacher  may  be  dis- 
charged for  incompetency  or  neglect  of  duty,  the  court  further 
say  that  the  law  does  not  require  the  highest  possible  qualifi- 
cations, or  the  possession  of  professional  talents  equal  to  the 
most  eminent  and  successful  teachers,  but  only  fair  attainments 
and  ability,  and  the  usual  diligence  and  application  to  the  dis- 
charge of  his  duties,  to  fulfill  his  contract.  The  opinion  of 
the  court,  in  the  case  of  which  the  foregoing  is  an  abstract,  is 
strongly  to  the  effect  that  after  a  teacher  has  obtained  a  cer- 
tificate, been  employed  by  the  directors,  and  entered  upon 
duty,  he  should,  not  be  discharged  without  the  clearest  proof 
of  incompetency  or  palpable  neglect  of  duty,  in  default  of 
which,  ou  the  part  of  directors,  inferior  courts  should  find  for 
the  teacher.  The  testimony  of  pupils  as  to  the  teacher's  ability 
and  faithfulness  is  to  be  received  with  much  allowance  and 
caution,  and  occasional  or  trifling  errors  in  recitation  or  inac- 
curacies of  scholarship,  or  casual  laxity  of  discipline  or  tardi- 
ness  of  action,  or  failure  to  secure  the  rapid  advancement  of 
particular  scholars— these  things,  whether  alleged  or  real,  are 
inconsequential  when  weighed  against  the  favorable  presump- 
tions warranted  by  the  possession  of  a  legal  certificate,  and 
the  evidence  of  general  success  aud  fidelity.  Still,  as  already 
stated,  the  right  of  directors  to  discharge  a  teacher  for  good 
and  Bunicient  cause,  is  unquestionable.  The  opinion  of  the 
court  settles  another  important  point:  When  a  board  of  di- 


OFFICIAL   AND    JUDICIAL    DECISIONS.  207 

rectors  dismiss  a  teacher,  they  must  be  careful  to  see  that  every 
essential  reason  therefor  is  spread  upon  the  record;  for  while 
failure  to  specify,  in  the  record,  any  reasons  for  the  order  of 
dismissal  is  not  conclusive  upon  the  teacher,  leaving  the  di- 
rectors to  prove  the  facts  they  allege  in  the  order,  precisely  as 
if  it  had  not  been  made;  it  is,  nevertheless,  binding  upon  the 
directors,  and  estops  them  from  showing  any  other  or  different 
causes.  ( Edwin  B.  Neville  v.  School  Directors,  District  No.  1, 
T.  32,  N  R.  2  W.  3d  P.  31.,  36  III.  71.) 

32.  May  Direct  What  Branches  Shall  be  Taught. — Directors  are 
authorized  to  prescribe  what  branches  of  study  shall  be  taught, 
and  what  text  books  shall  be  used,  in  their  respective  schools. 
They  cannot  exclude  any  of  the  branches  specified  in  the  act, 
but  they  may  introduce  such  additional  and  higher  branches 
as,  in  their  opinion,  the  interests  of  the  school  may  justify  or 
require.     (§§  48  and  50.) 

33.  May  Adopt  and  Enforce  Rules  and  Regulations. — School 
directors  are  empowered  by  law  to*  adopt,  prescribe,  and  en- 
force all  necessary  rules  and  regulations  for  the  management 
and  government  of  the  schools,  and  the  conduct  of  the  schol- 
ars. The  authority  conferred  embraces  whatever  measures 
are  necessary  to  secure  regularity  and  punctuality  of  attend- 
ance, propriety  and  decorum  of  conduct  in  and  about  school 
buildings,  prompt  obedience  to  the  teacher,  and  whatever  else 
they  may  deem  essential  to  the  maintenance  of  discipline  and 
good  order,  and  to  the  successful  prosecution  of  study.  The 
right  of  directors  to  make  all  such  necessary  rules  and  regula- 
tions, and  to  enforce  compliance  therewith  by  suitable  penal- 
ties, is  clear  and  unquestionable,  and  in  the  exercise  of  this 
right  they  cannot  be  interfered  with  or  restricted,  except  for 
manifest  abuse. of  powers  granted,  or  an  unwarrantable  as- 
sumption of  authority  not  conferred  by  the  act.  It  is  to  be 
distinctly  understood  that  the  right  to  enforce  is  commensu- 
rate with  the  right  to  prescribe  rules  and  regulations.  Direct- 
ors may  therefore  compel  obedience,  and  punish,  by  suspen- 
sion, expulsion  or  otherwise,  any  obstinate  infraction  of  the 
rules  which  they  have  established.  The  teacher  is  the  agent 
by  whom  the  rules  adopted  by  the  directors  are  executed ;  his 
right  to  enforce  obedience  is  therefore  sustained  by  the  sanc- 
tion of  law  and  the  official  authority  of  the  directors.    Re- 


208  "I  II'  LAI    AND   J\  Did  LI    DBOTBTONB. 

oour  missal  op  expulsion  from  school  Bhould  m»t,  how- 

ever, I"-  had,  excepl  for  eery  grave  and  aggravated  offenses. 
No  pupil  can  be  expelled  from  the  public  schools  for  a  frivo- 
01   lighl  aii<l  trivial  cause.    The  teacher  i  the 

power  and  hai  the  righl  to  control  the  school  by  means  of 
proper  punishment;  and  it  is  his  duty  to  obedience  to 

th,  pulea  oi  the  school  by  proper  and  reasonable  punishment, 
If  it  can  be  done,  before  the  pupil  U  expelled  from  the  school. 
It  is  only  when  reasonable  means  or  punishment  of  the  refrac- 
tory Bcholar  have  failed  to  induce  obedience  that  he  can  be 
justified  in  expelling  such  Bcbolar.  If,  however,  a  scholar  per- 
in  disobeying  tin*  teacher,  after  proper  admonition  or 
punishment,  to  Buch  an  extenl  as  to  justify  the  belief  that  the 
course  of  disobedience  will  be  continued,  then  the  board  will 
be  justified  in  expelling  the  scholar.     (§  48.) 

34.  Continuance  of  Schools. — By  section  forty-eight,  direct- 
ors are  required  to  establish  and  keep  in  operation  free  schools 
for  at  least  six  months  in  each  year,  and  longer,  if  practi 

Six  months  is  merely  the  minimum  duration  of  schools,  which 
every  district  must  maintain  to  be  entitled  to  the  public  funds. 
It  is  not  only  the  right  of  directors  to  extend  schools  beyond 
that  time,  but  it  is  plain,  from  the  very  language  of  the  law, 
that  it  is  their  duty  to  do  so  when  practicable.  Whenever  the 
public  funds  (by  which  is  meant  all  funds  except  special  dis- 
trict taxes)  are  sufficient  to  pay  the  expenses  of  the  school  be- 
yond six  mouths,  the  right  of  the  directors  to  so  extend  them 
is  unquestionable.  No  vote  of  the  people  is  necessary  in  such 
case.  It  is  only  when  it  is  necessary  to  levy  a  tax  to  continue 
schools,  that  a  vote  of  the  people  is  required.     (§  48.) 

35.  Number  of  Schools  in  a  District. — Directors  must  estab- 
lish a  sufficient  number  of  schools  for  the  proper  accommoda- 
tion of  all  the  children  in  the  district  between  the  ages  of  six 
and  twenty-one  years.  It  is  the  imperative  duty  of  the  di- 
rectors to  establish  as  many  schools  as  the  wants  of  their  dis- 
trict require.  If  they  should  fail  or  refuse  to  do  this,  the  in- 
habitants have  undoubtedly  a  legal  remedy.  The  language  of 
the  law  is  peremptory :  The  directors  "shall  establish  and  keep 
iu  operation,  for  at  least  six  months  in  each  year,  a  sufficient 
number  of  free  schools  for  the  proper  accommodation  of  all  the 
children  in  the  district,  over  the  age  of  six  and  under  twenty- 


OFFICIAL    AND   JUDICIAL    DECISIONS.  209 

one  years."  They  have  no  right  to  crowd  fifty  children  into 
a  house  which  can  'properly  accommodate  only  thirty.  If  one 
school-house  is  not  sufficient,  the  directors  must  build  another, 
and  yet  another,  if  necessary ;  or,  until  this  can  be  done,  they 
must  hire  or  rent  suitable  rooms  or  houses  for  schools.  In  like 
manner,  when  the  school-house  is  inaccessible,  or  too  remote 
for  the  convenience  of  all,  it  becomes  the  duty  of  the  direct- 
ors to  provide  a  second  house,  so  that  all  may  be  accommo- 
dated, as  far  as  possible. 

36.  Use  of  School- Houses. — The  guardianship  and  control 
of  school-houses,  and  of  the  school  property  of  a  district,  are 
vested  exclusively  in  the  board  of  directors,  and  not  in  the 
teacher  nor  the  inhabitants  of  the  district ;  but  they  are  vested 
in  them  only  for  the  purposes  contemplated  by  law.  It  follows 
that,  viewed  purely  as  a  legal  question,  school-houses  can  only 
be  used  for  school  purposes.  But,  in  the  present  condition  of 
our  country,  it  is  often  a  matter  of  great  public  convenience 
to  have  the  use  of  a  school-house  for  religious  meetings,  and 
other  purposes  of  public  utility,  and  such  use  should  not  be 
denied,  except  for  abuse.  It  must  be  always  understood,  how- 
ever, that  all  damages  and  expenses  must  be  borne  by  those 
thus  using  the  house,  and  not  by  the  district ;  and  that  such 
use  is  a  matter  of  favor  and  not  of  right.    (§  39.) 

37.  Use  of  District  Tax  Funds. — Money  raised  by  district 
taxation  for  specific  purposes  should  be  faithfully  devoted  to 
those  purposes.  But  any  surplus  remaining  may  be  used  by 
the  directors  for  any  legitimate  school  purpose.  If  money  is 
raised  for  a  particular  purpose,  such  as  building  a  school-house, 
etc.,  and  circumstances  subsequently  occur  rendering  it  unwise 
or  inexpedient  to  use  it  for  said  purpose,  it  is  competent  for 
the  people  of  the  district  to  determine,  by  vote,  to  what  other 
use  the  money  shall  be  devoted.  Thus,  it  may  chance  that 
before  the  money  is  collected  or  expended,  it  may  be  deemed 
best  to  consolidate  or  otherwise  change  the  district,  thereby 
obviating  the  necessity  of  a  new  house,  or  requiring  an  en- 
tirely different  sort  of  a  building — or  the  cost  of  building  may 
be  so  enhanced  as  to  make  it  expedient  to  postpone  the  work, 
etc.  In  such  cases  it  cannot  be  wrong  for  the  people  to  act 
with  reference  to  the  changed  circumstances  and  conditions  of 

the   district.    But  the  rule  is  as  first  above  stated,  and  it  is  not 
14 

\ 


210  01  i  WIAl  ani»  .ii  i > I <  r a L   i-i;<  !-:• 

believed  thai  circumstances  will  often  occur  of  Buch  a  nature 
authorize  a  diversion  of  the  fandi  from  the  original  pur- 
I        for  which  thej  were  Levied. 

■    /  Witn  Cf  a  teacher,  or  other 

I  ie  a  hoard  of  school  directors  by  their  corpt  rat  i 

;il;,i    jyie,  tli. mi  either  ot  all  of  the  directoi  be  witnesses 

generally  in  the  case.     In  all  cases  where  corporations  which 

are  of  a  public  nature  are  parties  on  r< "d,  or  interested  in 

the  -nit,  tin-  members  of  Buch  corporations  arc  competent  wit- 
Bui  when  Bchool  directors  are  sued  in  their  private 
capacity  they  cannol  be  witnesses  in  the  • 
private  parties  may  l>ccomc  witnesses  in  cases  in  which  they 
are  interested.     (Swiff 8  Evidence,  57.     1  Green.,  488-0.) 

89,  May  Acquire  "/></  ll<<id  Heal  Estat . — Boards  of  ~- hool 
directors  may,  whenever,  in  their  judgment,  the  interests  of 
their  district  require  it,  receive  conveyances  of  real  estate  in 
satisfaction  of  debts  due  the  district,  acquire  and  hold  prop- 
erty, and  maintain  actions  in  their  own  corporate  name  to 
obtain  possession  of  land  or  other  property  that  hi  con- 

veyed to  them. 

40.  Use  of  Schedules — Bight  to  Tax. — The  object  of  schedules 
is  two-fold:  First,  to  enable  the  trustees  to  determine  how 
much  of  one-half  of  the  public  fund  each  district  is  entitled 
to,  (§  34;)  and  second,  to  make  it  lawful  for  the  directors 
to  draw  an  order  on  the  treasurer  in  favor  of  the  teacher, 
(§  53,  last  clause;)  the  rendition  of  a  schedule  being  by  law 
a  cond.il  ion  precedent  to  any  teacher's  claim  to  the  public  funds. 
(§  52.)  When  a  schedule  has  been  returned  to,  and  ac- 
cepted aud  filed  by,  the  township  treasurer,  the  teacher  has 
henceforth  a  clear  and  perfect  claim  upon  the  district  for  the 
whole  amount  certified  in  said  schedule  to  be  due  him,  and  if 
the  whole  is  not  paid  in  April  or  October,  when  due,  the 
balance  musl  be  paid  "out  of  the  frst  moneys  coming  into  the 
hands  of  the  township  treasurer  to  the  credit  of  said  district," 
with  interest  at  the  rate  of  ten  per  cent,  per  annum.  (§  54.) 
The  intention  of  the  law  is  to  prevent  the  accumulation  of  back 
debts,  and  the  withholding  of  what  is  due  to  one  creditor  in 
order  to  pay  another.  The  directors  of  every  district  have  full 
power  (§  43,)  to  levy  sufficient  tax,  annually,  to  pay  all  the 
expenses,  of  every  description,  for  a  six  months'  school.     Xo 


OFFICIAL   AND   JUDICIAL    DECISIONS.  21 

vote  is  required.  The  power  is  expressly  conferred  and  their 
duty  to  levy  a  tax  is  peremptory.  There  can  be  no  excuse 
whatever  for  not  paying  all  schedules  in  full  when  due,  and 
all  other  expenses  connected  with  a  six  months'  school.  In- 
stead of  indebtedness  for  past  services  of  teachers,  and  for 
incidental  expenses,  there  should  always  be  a  surplus  in  the 
treasury.  The  amount  levied  should  always  be  a  little  more, 
rather  than  a  little  less,  than  the  estimated  annual  expenses, 
and  then  no  district  will  be  harassed  with  petty  debts  from 
year  to  year,  and  no  teacher  compelled  to  wait  for  petty  bal- 
ances due  him.  "Pay  as  you  go,"  is  the  only  true  rule  for 
directors,  as  for  individuals.  Every  farthing  has  to  be  paid 
sometime ;  the  whole  taxable  property  of  the  district  is  bound 
for  it;  and  it  might  as  well  be  provided  for  and  paid  first  as 
last.  There  is  no  limitation  upon  the  rate  of  taxation  for 
school  purposes  under  section  forty-three.  In  cases  where  the 
power  is  given  to  the  directors  to  make  the  levy,  (§  43,)  there 
is  no  limit  but  the  amount  required  for  the  purposes  for  which 
it  is  levied ;  and  the  same  is  true  where  the  power  is  conferred 
upon  the  voters  of  the  district.  (§  48.)  (Merrit  v.  Farris,  22 
III,  303.) 

41.  District  Taxes  Must  he  Uniform. — "When  a  district  lies 
partly  in  two  or  more  townships,  all  the  funds  accruing  to  said 
district  from  the  several  townships,  must  be  merged  into  and 
considered  as  one  common  fund,  regardless  of  the  fact  that 
one  township  may  have  a  large  township  fund  and  another 
a  small  one.  And  when  said  common  district  fund  is  ex- 
hausted, and  a  tax  becomes  necessary,  for  any  purpose,  said  tax 
must  in  all  cases  be  levied  uniformly  upon  the  whole  district 
regardless  of  township  lines.  Section  forty-five  of  the  act  is 
conclusive  upon  this  point.  Every  school  district  must  be 
treated  as  a  unit  in  taxation.  Directors  must  base  their  esti- 
mates (§44)  upon  the  taxable  property  of  the  whole  district, 
and  report  the  names  of  all  the  tax-payers.  And  county  clerks 
must  assess  one  uniform  tax  upon  the  whole  district.  It  would 
be  as  illegal  to  tax  one  part  of  a  school  district  and  not  another 
part,  or  to  levy  one  rate  upon  one  part,  and  a  different  rate 
upon  another  part,  as  to  do  the  same  thing  in  the  levy  and 
assessment  of  state,  county,  or  municipal  taxes.  It  does  not 
matter  if  the  principal  of  the  township  fund  of  one  of  the 


212  OFFICIAL    LKD  JUDICIAL  DECIBIl 

town  mcerned  is  ten  thousand  dollars,  while  another  of 

.:lj,l  t,,.A ,,  ]i:!  do  towi  hip  fund  al  all ;  apportionment 
must  i,,.  made  ii | .mm  each  separate  schedule  in  stricl  accordance 
witl,  the  attendance  certified,  as  required  by  section  thirty-four, 
iinil  uiii,  the  enumeration  of  children  under  twenty-one,  the 
same  precisely  as  if  the  whole  district  lay  in  the  same  town- 
ship,    [f  a  1 Be  is  to  be  built,  the  inhabitants  of  that  part 

of  the  district  which  chances  to  be  in  :i  wealthy  township, 
cannot  e  cape  their  due  proportion  of  the  necessary  tax.  All 
district  taxes  must  be  uniform  throughout  the  district  The 
only  possible  way  for  any  inhabitant  of  a  Bchool  district  to 
avoid  payment  of  his  proportion  of  whatever  tax  may  1"'  levied 
on  ili«'  district,  is  to  l"'  sel  off  to  some  other  district.  All 
these  things  must  be  considered  when  such  a  district  is  pro- 
I  to  be  formed,  and  if  all  arc  not  willing  to  bear  their 
Bhare  of  the  common  burdens,  they  can  seek  to  prevent  the 
establishment  of  the  district. 

42.  District  Should  own  School  Site. — A  school-house  should 
never  be  erected  upon  land  not  owned  by  the  district,  except  in 
case  of  absolute  necessity.  The  law  docs  not  forbid  the  build- 
ing of  a  school-house  upon  leased  ground,  or  where  the  dis-* 
trict  does  not  possess  the  fee,  but  it  is  a  bad  practice,  and 
almost  sure  to  result  in  trouble  and  loss  to  the  district,  sooner 
or  later.  ISTo  site  should  be  voted  for  until  it  is  ascertained 
whether  a  clear  warrantee  deed  can  be  obtained  or  not.  If  a 
site  is  voted  for,  and  it  is  afterwards  found  that  a  clear  title 
cannot  be  obtained,  it  is  better  to  select  another  site.  It  is  im- 
politic to  build  and  expend  the  money  of  the  district  upon  lots 
in  which  the  district  has  only  a  conditional  estate,  as  where  the 
lots,  by  the  terms  of  the  deed,  revert  to  the  former  owner 
when  they  cease  to  be  used  for  school  purposes,  etc.  "Where 
the  ground  upon  which  existing  school-houses  stand,  is  in  that 
condition,  the  directors  should  secure  quit  claims,  if  possible, 
from  the  makers  of  the  deeds,  so  as  to  pass  the  titles  winch 
they  might  acquire  by  reversion.  The  property  may  become 
very  valuable,  and  the  directors  may  wish  to  change  the  site 
of  the  school-house,  in  which  case  the  laud  should  be  held  by 
such  a  tenure  that  the  district  could  sell  and  have  the  benefit 
of  the  proceeds  for  the  new  house  and  site.  A  clear  title,  iu 
fee  simple,  is  always  the  best  policy. 


OFFICIAL    AND   JUDICIAL    DECISIONS.  213 

48.  Two  Directors  May  Act. — By  section  forty-eight,  two 
directors  are  declared  to  be  a  quorum  for  business.  This  is 
general,  and  applies  to  any  and  all  school  business  requiring 
the  action  of  the  board  of  directors.  The  action  of  two  is  the 
action  of  the  board,  and  binds  the  board,  as  firmly  as  the  ac- 
tion of  all.  Any  contract,  order,  stipulation,  bond,  agree- 
ment, or  other  official  instrument,  signed  by  two  members  of 
the  board  of  directors,  is  legal  and  valid.  And  equally  so  is 
a  verbal  contract,  agreement,  etc.,  made  before  witnesses,  by 
two  members  of  the  board.  It  is  not  essential  to  the  validity 
of  a  contract,  etc.,  signed  or  approved  by  a  majority  of  the 
board,  to  prove  that  said  contract,  etc.,  was  made  at  a  formal 
meeting  of  the  board,  and  that  all  the  members  of  the  board 
were  notified  of  said  meeting.  The  law  does  not  go  behind 
the  fact  that  the  act  was  performed  by  a  majority  of  the  board 
— it  does  not  ask  how  the  action  of  that  majority  was  obtained, 
whether  at  a  meeting  to  which  all  the  members  were  invited, 
or  by  the  individual  action  of  each  member.  It  assumes  that 
the  action  of  the  majority  was  lawfully  obtained,  unless  proof 
to  the  contrary  is  produced.  (Trustees  v.  Allen,  21  111.,  120.) 
{Schqfieldv.  Walkins,  22  III.,  6G.) 

But  while  the  above  is  the  rule  of  the  law  in  the  premises, 
it  does  not  in  the  least  lessen  the  moral  obligation  of  the  clerk 
of  the  board,  and  each  member  thereof,  to  see  that  all  the 
members  are  duly  notified  of  every  meeting  of  the  board,  and 
of  every  official  act  which  it  is  proposed  that  the  board  shall 
perform.  An  act  may  be  technically  legal,  and  yet  outra- 
geously wrong,  morally.  Such  is  the  willful  withholding  from 
one  member  of  the  board,  all  knowledge  of  an  act  which  the 
other  two  intend  to  perform,  and  which  the  knowledge  or 
presence  of  the  third  director  might  defeat.  All  important 
school  business,  such  as  employing  teachers,  making  contracts 
of  any  kind,  examining  schedules,  drawing  orders  for  any  pur- 
pose on  the  treasurer,  etc.,  should  be  done  at  a  meeting  called 
for  the  purpose,  due  notice  having  been  given  to  all.  The 
practice  of  transacting  such  business  by  the  individual  action 
of  the  members  of  the  board,  without  calling  a  meeting,  is 
very  reprehensible,  and  opens  the  door  to  fraud  and  imposition. 
A  director  is  approached  in  the  street  or  at  his  place  of  busi- 
ness, and  urged  to  sign  a  contract  in  favor  of  a  teacher,  or  an 


214  OFFICIAL    UTD  JUDICIAL  DECISIl 

order  on  the  I  r  in  favor  of   ome  map  or  book  peddler, 

without  due  reflection,  \\  is  done.     The  interested  party 
the  paper,  and  hurries  on?  to  another  director,  who* 
nature,  with  the  help  of  the  one  already  obtaine  1,  is  quickly 
secured.     Lnd  thus  tin-  board  may  be  committed  to  an  incom- 
,t  teacher,  or  to  the  purchase  of  a  worthless  article,  and 
the  best  inters  ts,  and  money,  of  the  district  be  sacrificed* 
.  motive  of  prudence,  of  propriety,  and  "f  regard  for  the 
trusts  committed  to  them,  Bhould  deter  school  directors  from 
.loin--  business  in  thai  way.    'I'll'-  fact  that  an  instrument  pro- 
cured in  that  way  holds  good  in  law,  docs  not  make  the  trans- 
action itself  less  reprehensible. 

1 1.  Districts  Created  by  Special  Act. — It  is  held  that  when  a 
school  district  is  created  by  a  Bpecial  act  of  the  legislature,  out 
o\'  territory  situated  in  one  or  more  congressional  townships, 
and  a  Bpecial  school  board  is  created,  with  corporate  powers, 
tin'  inhabitants  of  such  special  district  cannot  vote  at  the  regu- 
lar township  elections  for  township  school  trustees.  The  pri- 
vate law  conferring  corporate  powers  upon  a  portion  of  a 
township,  negatives  the  right  of  the  inhabitants  to  be  regarded 
as  a  part  of  the  body  politic  of  the  scliool  township.  In  a 
similar  case  in*  the  city  of  Galena,  the  court  decided  that  the 
inhabitants  had  no  right  to  vote  for  school  purposes  outside  of 
the  city  limits.  A  subsequent  law  which  is  general,  does  not 
abrogate  a  former  one  which  is  special ;  nor  does  a  general 
law  operate  as  a  repeal  of  a  special  law  on  the  same  subject 
passed  at  the  same  session.  (12  111.  i?.,  p.  339.)  But  no  pri- 
vate or  special  law  can  alienate  or  impair  the  right  of  all  the 
inhabitants  of  every  congressional  township  to  an  equitable 
share  of  the  interest  and  profits  of  the  township  fund.  That 
is  a  vested  right,  being  guaranteed  by  the  express  provisions 
and  conditions  of  the  act  of  congress  donating  the  lands  by 
the  sale  of  which  the  township  fund  itself  was  created.  The 
propositions  of  congress  donating  the  sixteenth  section,  or  its 
equivalent,  in  every  township,  "to  the  state  of  Illinois,  for  the 
use  of  the  inhabitants  of  such  tovmshipSj  for  the  use  of  sehe 
were  formally  accepted  by  the  state,  and  the  compact  was 
solemnly  ratified  by  congress,  and  thereby  made  irrevocable. 
It  is  therefore  an  inalienable  and  indefeasible  right,  one  which 
the  legislature  did  not  give  and  cannot  takeaway;  and  hence 


OFFICIAL   AND   JUDICIAL   DECISIONS.  215 

all  private  laws  creating  school  districts  with  special  corporate 
powers,  must  be  construed  in  harmony  therewith.  This  de- 
cision applies  chiefly  to  special  school  districts  and  school 
corporations  in  cities  and  towns.     (R.  S.  1858,  43,  45,  57.) 

45.  When  a  District  is  Divided  Pending  the  Collection  of 
Taxes. — If  a  district  levies  a  tax,  and  before  the  same  is  col- 
lected, a  portion  of  said  district  is  cut  off  by  the  trustees 
and  attached  to  another  district,  the  taxes  collected  from  the 
territory  cut  off,  go  to  the  district  to  which  said  territory  is 
attached.  But  if  the  territory  is  not  detached  by  the  trustees 
till  after  the  tax  is  collected,  the  detached  portion  does  not 
take  its  taxes  with  it. 

46.  Debts  of  Districts. — Section  thirty-three  provides  that 
when  a  new  district  is  formed  out  of  one, or  more  districts,  said 
new  district  is  entitled  to  an  equitable  share  of  the  school  funds 
and  property  of  the  old  district  or  districts ;  and  also  that 
when  two  or  more  districts  are  consolidated  into  one,  the  new 
district  shall  own  all  the  corporate  funds  and  property  of  the 
several  districts.  The  same  rule  should  govern  in  respect  to 
the  debts  of  districts.  If  two  districts  are  made  into  one,  either 
under  section  thirty-three  or  thirty-five,  the  new  district  is 
liable  for  the  debts  of  said  two  districts.  And  if  two  districts 
are  made  out  of  one,  each  of  the  new  districts  is  liable  for  its 
just  share  of  the  indebtedness  of  the  old  district.  These  facts 
must  be  considered  when  the  division  or  consolidation  of  dis- 
tricts is  contemplated.  When  a  district  is  divided  and  a  new 
one  formed,  if  the  old  district  was  in  debt,  the  new  district's 
share  of  that  debt  should  be  deducted  from  the  amount  due 
said  new  district  as  its  distributive  interest  in  the  value  of  the 
property  and  funds  of  the  old  district.  The  debts  should  be 
apportioned  on  the  basis  of  the  amount  of  taxable  property 
remaining  in  each  district. 

This  principle  has  many  important  applications.  It  applies 
to  the  case  of  the  formation  of  a  new  district  from  part  of  the 
territory  of  an  old  district  which  had,  previous  to  the  division, 
employed  a  teacher  and  commenced  school,  relying  upon  the 
funds  on  hand  to  pay  said  teacher ;  it  applies,  also,  where,  prior 
to  the  division,  contracts  were  made  and  work  done  under 
them,  the  funds  on  hand,  or  a  portion  of  them,  having  been 
specifically  set  apart  and  appropriated  to  the  payment  of  such 


216  OFFICIAL    wi>   .11  DIOI  \i.    DB4  UK 

contract    or  The  moneyi  bo  appropriated  and  clue 

teachers,  workmen,  and  others,  and  for  lots,  mate  .  are 

really  or  virtually  di  trid  debt  .  accrued  or  to  accrue,  and  as 
kii.1i  iii.\  should  be  equitably  shared  by  tin  two  districts.     It 
is  true  thai  tli"  requirement  to  divide  the  funds  on  band,  when 
a  nru  district  is  made  bj  the  partition  of  an  "I<1  on< 
do<     not    ''in  to  admit  of  any  ezceptioi  language  Lb 

comprehensive.  But  it  cannot  I"'  that  the  legit  lature  intended 
to  enact  a  law  by  which  a  corporation  might  be  utterly  inca- 
pacitated and  prevented  from  I'ulfillin  tract  obligations, 
paying  its  just  debts,  and  redeeming  its  □  red  pie  I 
Where  the  consequences  of  a  particular  construction  of  a  law 
would  render  its  operation  mischievous,  thai  construction 
should  be  avoided,  provided  it  is  susceptible  of  a  different  one, 
('/'/<<  Peopl  v.  Marshall,  1  GUm.,  672.)  Such  a  construction  of 
this  clause  of  the  thirty-third  section  of  the  school  Law  as 
would  render  a  board  of  Bchool  directors  liable  at  any  time  to 
be  utterly  deprived  of  all  means  and  power  to  meet  their  legal 
obligations  and  nay  their  just  debts,  would  surely  In-  most 
mischievous  in  its  operation.  Under  such  a  construction  a 
teacher  might  be  employed  for  six  months,  a  tax  Levied  and 
collected  with  which  to  pay  him,  and  the  term  of  school  on 
the  eve  of  completion,  and  then  the  district  be  cut  into  frag- 
ments or  wholly  abolished  by  the  trustees,  and  all,  or  a  part 
of  the  means  of  paying  the  teacher  be  swept  from  their  grasp  ; 
or,  a  school-house  might  be  contracted  for  and  built,  and  a 
heavy  tax  be  collected  to  pay  for  it,  and  at  the  last  moment 
two  or  three  new  districts  might  be  carved  out  of  the  old  one 
and  the  money  divided  among  them,  and  the  directors  left 
completely  powerless  to  pay  the  debts  incurred.  A  construc- 
tion that  involves  such  acts  of  palpable  injustice  and  wrong  as 
these,  and  many  others  that  might  be  named,  must  be  avoided 
if  possible.  And  a  different  construction  is  believed  to  be  not 
only  possible,  but  fairly  warrantable,  and  is  therefore  ado] 
The  principle  that  when  a  new  district  is  created  it  is  not  only 
entitled  to  a  just  share  of  the  funds  and  property  of  the  parent 
district,  but  is  also  bound  for  a  like  equitable  proportion  of 
the  debts  and  liabilities,  solves  the  whole  difficulty.  This  con- 
struction is  just  and  reasonable,  and  is  accordant  with  the  spirit 
and  intent  of  the  act.     Let  the  legal  and  bona  ti<k  debts  of  the 


OFFICIAL   AND   JUDICIAL   DECISIONS.  217 

old  district  be  first  paid  or  provided  for,  and  then  divide  the 
remainder  as  required  by  law.  This  section  has  been  differ- 
ently and  more  strictly  interpreted,  but  a  careful  investigation 
has  satisfied  me  that  a  more  liberal  construction  should  be 
adopted. 

47.  A  Director  may  be  Elected  Trustee,  and  vice  versa. — By 
section  forty-two,  "no  person  shall  be  at  the  same  time  a  di- 
rector and  trustee."  But  it  does  not  follow  that  a  director 
may  not  be  voted  for  and  elected  trustee,  or  the  reverse,  as  the 
case  may  be.  It  is  the  holding  and  performing  the  duties  of  both 
offices  at  the  same  time,  that  is  forbidden  by  the  statute.  A 
school  director  is  as  eligible  as  any  other  person  to  the  office 
of  township  trustee,  and  vice  versa.  But  if  a  director  is  elected 
trustee,  he  must  resign  the  office  of  director  before  he  can  as- 
sume that  of  trustee — he  cannot  act  in  both  positions  at  the 
same  time.  So  if  a  trustee  is  elected  director,  he  cannot  act  as 
director  until  he  resigns  as  trustee.  In  either  case  the  person 
may  retain  his  present  office  and  decline  the  other,  or  resign 
his  present  office  and  accept  the  other,  as  he  chooses;  and  he 
should  do  one  thing  or  the  other  without  delay.  If  a  director 
is  elected  trustee  or  the  reverse,  and  draws  lots  for  his  term  as 
trustee,  he  by  that  act  accepts  the  office  of  trustee,  and  ceases 
to  be  director. 

48.  Districts  Divided  by  Township  Dines. — When  a  district  is 
divided  by  a  township  line,  separate  schedules  must  be  kept  of 
the  pupils  from  each  township,  as  required  by  section  fifty- 
three,  and  the  amount  due  the  teacher  from  each  township 
must  be  computed  upon  the  basis  of  the  total  days'  attendance 
of  the  wThole  school,  as  required  by  section  thirty-five,  and 
said  proportional  amounts  must  be  certified  in  the  respective 
schedules,  and  paid  by  the  respective  township  treasurers.  If 
the  public  fund  of  one  township  is  not  sufficient  to  pay  in  full 
the  separate  schedule  for  that  township,  while  the  fund  of  the 
other  township  is  more  than  sufficient  to  pay  its  separate 
schedule,  the  surplus  of  the  latter  is  subject  to  the  order  of 
the  directors  in  favor  of  the  teacher,  to  make  up  the  deficiency 
of  the  former.  If  there  is  still  a  deficit,  it  must  be  made  up 
by  a  uniform  tax  upon  the  whole  district.  In  no  case  can  a 
separate  schedule  after  being  partly  paid  by  the  proper  treas- 
urer, be  presented  to  the  other  treasurer  for  the  balance  due 


218  OFFICIAL  AND  Jl  DI<  I  U    DW  UK 

thereon.  Each  separate  schedule  mast  be  filed  by  the  treasurer 
of  the  township  in  which'the  pupil-  named  in  said  schedule 
Th.-  righl  "i"  til--  directors  t<>  draw  their  order  for  any 
surplus  remaining  after  the  amount  certified  in  either  of  the 
rate  schedules  has  been  paid,  is  baaed  upon  the  fad  thai 
every  district  is  by  law  a  "";/,  regardless  «>t'  township  or  county 
line-.  A  fractional  district  is  unknown  to  the  law.  Wlien, 
therefore,  a  district  is  divided  by  a  township  line,  any  surplus 
remaining  after  the  payment  of  either  separate  schedule,  is 
jusl  a-  much   Bubjed   t<>  the  order  of  the  direct  if  the 

district  lav  wholly  in  one  township.  It  is  much  better  in 
such  cases  for  the  directors  to  make  the  treasurer  who 
th.'  district  toot  money,  (§  &5,)  tin-  custodian  of  all  tfu 
funds]  also,  of  the  district,  and  to  bo  inform  the  trustees  and 
treasurer  of  the  other  township,  in  writing,  under  their  hands 
as  directors.  In  that  case,  the  amounts  apportioned  in  April 
and  October,  on  census  and  schedules,  to  that  part  of  the  dis- 
trict lying  in  the  other  township,  are  paid  by  the  treasurer 
thereof  to  the  treasurer  selected  by  the  directors  as  the  custo- 
dian of  all  their  district  funds,  taking  his  receipt  therefor. 
The  directors  then  draw  their  order  on  the  treasurer  so  chosen, 
for  the  whole  amount  due  the  teacher,  and  for  all  other  school 
purposes,  and  the  financial  arrangements  of  the  district  are 
much  simplified. 

49.  Limited  to  Amount  Voted. — ^There  power  is  conferred  by 
the  statute  upon  the  voters  of  a  school  district  to  determine 
what  rate  or  amount  of  tax  shall  be  levied  for  special  school 
purposes,  such  as  building  school-houses,  et  cetera,  under  section 
forty-eight,  the  directors  cannot  levy  a  higher  rate,  or  a  larger 
amount,  than  that  voted  for  by  the  people.  In  such  cases  the 
directors  simply  act  as  the  agents  of  the  voters  at  large,  and 
must  not  transcend  their  instructions.  If  they  are  authorized, 
by  vote,  to  levy  a  tax  of  one  per  cent.,  for  instance,  for  building 
purposes,  their  power  is  exhausted  by  the  levy  of  said  one  per 
cent.;  they  cannot  levy  an  additional  one  per  cent.,  without 
another  vote  authorizing  them  so  to  do.  If,  however,  the 
people,  by  vote,  clothe  the  directors  with  discretionary  power 
to  levy  such  amount  as  may  be  necessary  for  building  purposes, 
it  is  held  that  they  may  exercise  the  discretion  so  conferred, 
and  that  their  acts  will  be  valid;  but  the  conferring  of  such 


OFFICIAL   AND   JUDICIAL    DECISIONS.  219 

general  powers  upon  the  directors  is  liable  to  many  evils  and 
is  not  to  be  recommended. 

50.  Deeds  should  be  made  to  Trustees. — By  section  thirty-nine 
the  title  of  school-houses  and  school-house  sites  vests  in  the 
township  trustees,  for  the  benefit  of  the  proper  school  district. 
If  a  deed  is  made  by  mistake  to  a  board  of  school  directors, 
instead  of  the  trustees,  it  should  be  canceled  by  the  maker  and 
a  new  deed  executed  to  the  board  of  trustees  as  aforesaid. 

51.  When  there  are  Two  or  more  School-Houses  in  a  District. — 
By  section  thirty -five,  school  directors  may  grant  or  withhold 
their  consent  for  pupils  to  come  into  or  go  from  their  district 
to  school ;  and  by  section  forty-eight  they  are  authorized  to 
make  all  necessary  rules  and  regulations  pertaining  to  the 
schools  of  their  respective  districts.  It  follows,  from  these 
provisions  of  the  act,  that  in  districts  where  there  are  two  or 
more  school-houses,  the  directors  have  full  power  to  prescribe 
and  determine  to  which  house  each  pupil  of  the  district  shall 
be  permitted  to  go.  It  is  a  matter  clearly  within  the  official 
jurisdiction  and  control  of  the  directors,  and  for  their  action 
in  the  premises  they  cannot  be  called  to  account,  except  for 
wanton  abuse  of  the  powers  conferred  upon  them  by  law. 

52.  When  a  Schedtde  is  left  Incomplete. — When  a  teacher 
dies  before  completing  his  schedule,  or  when,  for  any  other 
unavoidable  reason,  a  schedule  is  not  and  can  not  be  completed, 
or  certified  by  the  teacher,  the  directors  may  return  it  to  the 
township  treasurer,  after  correcting  such  errors  as  they  may 
be  cognizant  of,  with  an  affidavit  or  certificate,  setting  forth 
the  reasons  why  it  is  not  completed  and  certified  by  the  teacher, 
and  any  other  material  facts  in  regard  to  its  unfinished  condi- 
tion. Said  affidavit  or  statement  of  the  directors  should  be 
filed  by  the  treasurer  with  said  schedule,  and  will  be  a  suffi- 
cient warrant  for  the  trustees  to  accept  the  schedule  and  make 
apportionment  thereon. 

53.  Orders  in  Favor  of  Directors. — A  school  director  cannot 
be  interested  in  any  contract  made  by  the  board  of  which  he 
is  a  member.  (§  42.)  Payment  of  orders  drawn  by  two  direct- 
ors in  favor  of  the  third,  in  violation  of  that  requirement  of 
the  law,  may  be  refused;  unless  it  is  shown,  to  the  satisfaction 
of  the  treasurer,  that  it  was  impossible  or  impracticable  to 
obtain  any  other  person  to  do  the  work  or  furnish  the  articles 


220  OFFICIAL    LWD  JUDICIAL  DBOISIO 

for  which  the  order  is  drawn.  The  object  of  the  prohibitory 
clause  ii  to  protecl  the  funds  of  the  district  from  being  mis- 
applied or  squandered,  as  they  might  be  if  directors  could  at 
will  contract  with,  and  draw  orders  in  favor  of  themselves. 
But  if,  in  a  particular  caso,  any  necessary  material  or  labor 
can  no  I  be  obtained  except  from  a  director ;  or  if  the  -■■<■ 
offered  by  a  director  at  a  less  price  than  thai  demanded  by 
others,  in  order  to  benefit  the  district,  and  in  <_r<">d  faith — in 
such  cases  it  would  be  n<>  violation  of  the  Bpiril  and  purpose 
of  the  law  for  the  other  directors  to  dra\*  an  order  in  favor  of 
Baid  director,  and  Baid  order  should  be  paid  by  the  treasurer, 
tceptional  cases,  t'«»r  which  no  definite  rules  can 
be  laid  down.  The  treasurer  musl  judge  of  and  determine 
each  of  such  cases  separately,  and  upon  its  particular  merits. 

54.  PrivaU  Schools  in  "Public  School-Houses. — By  Bection 
thirty-nine,  the  control  and  supervision  of  school-houses  is 
vested  expressly  and  exclusively  in  the  hoard  of  directors. 
They  may  allow  the  use  of  the  house,  after  the  free  schools 
are  elosed,  for  a  private,  select,  subscription,  or  writing  school, 
or  lor  other  purposes,  if  they  see  fit,  or  they  may  refuse  to 
permit  the  house  to  be  used  for  any  such  purpose,  at  their 
option.  And  if  they  grant  the  use  of  the  house  they  may 
impose  upon  the  occupant  such  terms  and  conditions  as  they 
sec  proper,  provided  that  they  must  in  all  cases  require  the 
occupant  to  pay  for  his  own  fuel,  etc.,  and  to  leave  the  property 
in  as  good  condition,  in  all  respects,  as  he  found  it.  If  they 
choose  to  let  the  house  for  a  private  or  select  school,  they  have 
no  right  whatever  to  require  the  teacher  of  such  school  to  ob- 
tain a  certificate  from  the  county  superintendent.  They  have 
no  responsibility  in  regard  to  him  or  his  school.  Their  jurisdic- 
tion in  that  respect  is  limited  to  the  case  of  free  public  schools. 

55.  Insurance  of  School-Houses. — School  directors  should  see 
that  their  school  buildings  are  protected,  by  adequate  policies 
of  insurance,  against  loss  or  damage  by  fire,  etc.,  and  that 
the  policies  are  regularly  and  promptly  renewed  at  expiration. 
Their  right  and  duty  to  do  this  are  unquestionable.  It  is  a 
precaution  which  should  never  be  omitted.  The  premium 
should  be  considered  as  a  necessary  incidental  expense,  and 
regularly  provided  for  as  sueh,  under  section  forty-three.  Nq 
vote  of  the  district  is  required. 


OFFICIAL   AND    JUDICIAL    DECISIONS.  221 

56.  Section  Forty-five,  last  line. — The  word  "county,"  before 
the  word  "collector"  in  the  last  line  of  section  forty-five,  is  an 
error.  It  was  stricken  out  from  other  parts  of  the  section 
when  it  was  amended,  but  inadvertently  retained  in  the  last 
line.  The  clause  should  read:  "Shall  demand  and  receive 
the  tax  money  collected  by  the  collector  as  aforesaid  " — meaning 
either  town  or  county  collector,  as  the  case  may  be. 

57.  Tax  for  Six  Months'  School. — By  sections  forty-three  and 
forty-eight,  school  directors  have  power,  and  it  is  imposed  upon 
them  as  a  duty,  to  estimate  the  amount  required,  over  and  above 
the  state  and  township  fund,  to  keep  in  successful  operation  the 
schools  of  their  district  for  six  months  in  each  year,  and 
to  levy  and  have  collected,  a  tax  sufficient  to  raise  such  amount. 
If  the  state  and  township  fund  is  sufficient  of  itself  to  main- 
tain a  six  months'  school,  the  directors  cannot  raise  an  addi- 
tional amount  without  a  vote ;  but  whatever  sum  the  public 
fund  lacks  of  being  enough  for  a  six  months'  school,  the  di- 
rectors must  levy  and  collect,  without  a  vote.  There  is  no 
limit  to  the  rate  of  taxation  that  may  be  imposed  for  this 
purpose.  {Merritt  v.  Farris,  22  III.  303.  Munson  v.  Minor, 
Ibid.,  594.)  If  the  estimate  of  the  directors,  made  in  good 
faith  and  according  to  their  best  judgment,  prove  more  than 
sufficient  for  a  six  months'  school,  it  is  held  that  the  surplus 
may  be  used,  either  with  or  without  a  vote,  to  extend  the  term 
of  schools. 

58.  Forcible  Ejection  of  a  Pupil. — If  the  board  of  school 
directors,  in  the  lawful  exercise  of  powers  clearly  conferred 
by  law,  expel  a  pupil,  for  good  and  sufficient  cause,  and  the 
scholar  so  expelled  refuses  to  leave  the  school-room  or  premises, 
and  persists  in  defying  the  just  and  legal  authority  of  tJbe  board, 
such  pupil  may,  if  necessary,  be  lawfully  ejected  by  force.  In 
like  circumstances,  the  teacher  also,  as  the  agent  and  acting 
under  the  advice  and  instructions  of  the  board,  may  employ 
force  to  remove  an  expelled  or  refractory  pupil  from  his  prem- 
ises, and  he  may  call  to  his  assistance  such  aid,  from  any  other 
person  or  persons,  as  may  be  necessary  to  accomplish  the 
object.  (Stevens  v.  Fassett,  27  Maine,  266.)  The  school-house 
is  in  the  charge  and  under  the  control  of  the  authorized 
teacher,  so  far  as  is  necessary  for  the  discharge  of  his  duties 
as  teacher.     The  law  clothes  every  person  with  the  power  to 


222  "i  i  i"  i  LL    \M>   ■"  DI<  i  LI    !'!'  1810 

,,i]i, .-,,.,, t  to  remove  one  who  is  an  intruder  upon  hie 
I  .,,,1  the  school-house  is  forcertaiD  purposes  the 

teacl  e,  hit  kingdom,  or  I  The  teacher  has  respon- 

mMc  dutiea  to  perform,  and  he  i-  entitled  in  law  and  in  r<  i 

t « ,  employ  the  incaiiH  iM-.-.-.—iiry  tlicn-lor.      It.  is  his  bu 

•  obedience  in  the  Bchool-room,  and  it  i-  his  legal  right. 
Ufay  I      II  u  ■  in  Another  District. — Tt  is  no  doubl  the 
intention  of  the  law  thai  every  organized  school  dietrici  shall 

have  its  <>\vn  scl 1  house,  and  the  duty  of  providing  the  same 

le  is  clearly  imposed  apon  each  board  of  di- 
rectors. Bui  the  temporary  use  of  a  Bchool-house  Biti 
beyond  the  limits  of  a  particular  districl  is  nol  unlawful,  or 
incompatible  with  the  spirit  and  intenl  of  the  act,  which 
afford  the  means  of  common  Bchool  instruction  to  all  children 
of  lawful  age.  Directors  are  compelled,  by  section  forty- 
eifirht.  to  provide  school  accommodations  for  all  the  Bch<  ol- 
going  children  of  their  district,  for  at  least  six  months  in  *'\<vy 
year.  In  order  to  do  this,  they  may  be  obliged,  for  the  time 
being,  to  avail  themselves  of  a  building  beyond  the  borders  of 
their  own  district;  or  the  convenience  of  the  children  may 
be  temporarily  consulted  by  so  doing.  The  necessity  may 
arise  by  the  destruction  of  their  own  bouse,  or  inability  to 
erect  a  new  one  in  season,  or  the  need  of  more  room,  and  in 
many  other  ways.  In  such  cases,  the  school  belongs  to  the 
district,  to  all  intents  and  purposes,  under  any  fair  construc- 
tion of  the  law;  as  much  so  as  if  kept  in  a  building  within 
the  bounds  of  the  district.  It  is  under  the  charge  and  control 
of  the  board,  is  subject  to  all  the  rules  and  regulations  estab- 
lished by  the  board,  and  is  common  to  the  entire  district.  Its 
schedules  should  therefore  be  honored,  and  its  expenses  paid, 
the  same  as  if  the  house  were  not  across  the  district  line. 
And  for  the  same  reasons,  the  funds  of  a  district  may  lawfully 
be  used,  if  necessary,  for  the  repairs  and  improvement  of  a  house 
in  another  district,  so  loug  as  the  use  of  the  same  is  neci 
rily  required  for  the  accommodation  of  the  school  children  of 
the  other  district.  These  principles  are  expressly  declared  by 
the  supreme  court  in  the  case  of  Grove  v.  School  Inspectors  of 
Peoria,  20  III,  532. 

60.    Powers  Conferred  hy  Section  43. — Directors,  under  section 
forty-three,  possess  very  large  powers,  and  are  charged  with 


OFFICIAL   AND   JUDICIAL   DECISIONS.  223 

very  important  duties.  Of  the  latter,  some  are  mandatory,  and 
others  discretionary  or  permissive.  Among  the  duties  which 
they  are  peremptorily  required  to  perform  by  section  forty- 
three,  taken  in  connection  with  section  forty-eight,  are  the 
levying  of  a  sufficient  tax  to  support  a  six  mouths'  school — 
procuring  school-houses  euough  for  the  proper  accommodation 
of  all  the  school  children  of  the  district — providing  fuel  and 
other  necessary  articles  for  the  comfort  and  convenience  of 
teachers  and  pupils,  etc.  It  is  also  their  duty  to  keep  their 
school-houses  and  grounds  in  good  repair,  and  to  render  them 
pleasant  and  attractive.  To  this  end  they  should  cause  the 
house  to  be  painted,  and  trees,  shrubbery  and  flowers  to  be 
planted,  etc.  Not  a  year  should  be  allowed  to  pass  without 
planting  trees,  where  there  are  none  already.  Ample  shade  is 
necessary  for  health,  comfort  and  sightliness,  and  can  always 
be  had  at  a  trifling  cost.  The  soft  maple,  box  elder,  elm,  etc., 
will  yield  a  plentiful  shade  in  three  years,  and  no  school-house 
lot  should  ever  be  longer  than  that  without  the  luxury.  Among 
the  most  repulsive  and  needless  sights  in  the  state,  is  that  of 
a  school-house  sweltering  in  the  sun,  choked  with  dust,  bleak, 
naked  and  desolate ;  without  a  tree,  shrub,  or  flower,  or  any 
other  object  to  please  the  eye  and  relieve  the  monotonous 
deformity  of  the  place.  There  is  no  apology  or  excuse  for 
this  in  any  case  whatever.  The  planting  and  boxing  of  trees 
should  always  be  attended  to  at  the  earliest  possible  moment, 
and  nature  will  do  the  rest.  Fences,  gates,  wells,  out-houses, 
etc.,  should  be  kept  in  good  condition,  and  both  teachers  and 
pupils  held  to  strict  account  in  respect  to  them.  It  is  impos- 
sible to  depict  the  pernicious  effect  of  disregarding  the  claims 
of  delicacy  and  purity  in  the  location,  construction  and  arrange- 
ment of  the  private  retreats  provided  for  the  pupils  of  the  two 
sexes.  The  case  of  providing  none  at  all,  is  too  gross  for 
comment.  Directors  also  have  full  authority  to  purchase  fur- 
niture, apparatus,  books  and  whatever  else  may  be  needful  to 
furnish  and  equip  their  school-houses.  Among  the  articles 
which  they  may  procure  under  this  head,  are,  neat  and  dura- 
ble desks  and  chairs,  common  and  outline  maps,  globes,  arith- 
metical and  geometrical  figures  and  apparatus,  anatomical, 
primary  and  other  charts,  reference  books  for  the  teacher's 
desk,  clocks,  black-boards,  crayons,  brooms,  dust-brushes,  pails, 


224  mi  i  i<  i  \i,    \m>   .ii  DH  i  \i-    i'i.<  [8K 

\S;i  ],  bo  '  •   b-bnckets,  Bcrapers,  mal i,  cloth- 

ing-books, etc,  etc  The  power  of  the  directors  to  procure 
nil  these  things,  and  any  others  thai  may  be  required  for  the 
complete  equipmenl  and  furnishing  of  their  schools,  <hool- 
honse  and  {grounds,  is  clear  and  unquestionable.  And  to  pay 
for  tli.  in  they  maj  levy  any  rate  of  tax  thai  may  be  d 
no  eote  is  required.  It  is  also  the  duty  of  the  directors  to 
employ  Borne  one  to  -wee].,  make  fires,  prepare  the  fuel,  etc, 
unless  :i  different  agreement  is  made  with  the  teacher,  or  the 
pupils  voluntarily  attend  to  those  things.  Unless  otherwise 
specified  in  the  contract  no  teacher  of  b  public  school  can  be 
required  to  Bweep,  make  fires,  etc.  It  is  no  part  of  his  duty, 
unless  he  agrees  and  contracts  to  do  it  when  he  is  empli 
By  a  reasonable  construction  of  the  library  clause  of  tlie  forty- 
third  section  of  the  act,  directors  may  also  procure  and  keep 
on  hand,  as  the  property  of  the  district,  a  set  of  the  text- 
books adopted  and  used  in  their  respective  districts,  for  the 
ase  of  their  successive  teacher  . 

Gl.  Mandamus. — When  directors  are  instructed  by  a  vote 
of  the  people,  legally  taken,  to  levy  a  tax  or  borrow  money  to 
build  a  school-house,  or  to  do  any  other  act  or  thing  which 
the  inhabitants  of  a  district  may  lawfully  require  to  be  done 
by  them,  and  said  directors  neglect  or  refuse  to  obey  such  in- 
structions—and when  directors  fail  or  refuse  to  discharge  the 
duties  clearly  imposed  upon  them,  as  directors,  by  law,  and 
the  people  of  the  district  have  no  other  recourse  or  remedy — 
in  all  such  cases,  a  writ  of  mandamus  will  lie  to  the  board  of 
directors,  commanding  and  compelling  them  to  discharge  their 
duty.     (Bi  v^  rly  >'.  Sabin,  20  III,  357.    ^Cotton  v.  Reed,  Ibid,  607.) 

62.  117m  a  House  is  too  Small,  etc., — School  directors  have  no 
power  to  build  a  school-house  without  a  vote  of  the  people. 
(§  48.)  Nor  have  they  any  power  to  build  a  larger  house  than 
the  people  authorize.  If  the  vote  is  only  for  a  house  12  x  20, 
the  directors  cannot  build  one  36  x  48.  If  the  house  voted  is 
too  small  to  accommodate  the  children  of  the  district,  the  di- 
rectors should  endeavor  to  obtain  another  vote  for  a  larger 
house  ;  if  they  fail  in  this,  they  must  try  to  procure  additional 
accommodations,  by  renting  or  otherwise.  But  if  they  can 
neither  iuduce  the  people  to  authorize  the  erection  of  a  house 
of  proper  size,  or  to  enlarge  the  present  house,  nor  obtain  the 


OFFICIAL   AND   JUDICIAL   DECISIONS.  225 

additional  room  required,  by  renting,  or  otherwise,  then  they 
must  refuse  to  admit  more  scholars  than  the  house  can  com- 
fortably hold,  no  matter  how  many  are  thereby,  for  the  time, 
excluded.  They  must  not  crowd  and  pack  the  house  with  pu- 
pils, far  beyond  its  limits,  regardless  of  consequences  to  health 
and  comfort.  School  directors  are  not  required  to  perform  im- 
possibilities; they  are  powerless  to  raise  funds  for  building 
purposes  without  a  vote  of  the  inhabitants.  They  must  leave 
no  lawful  means  untried  to  provide  accommodations  for  all. 
But  if  they  exhaust  all  their  legal  powers,  without  effect,  the 
responsibility  rests  upon  the  inhabitants,  not  upon  the  direct- 
ors. They  cannot  transcend  their  legal  powers,  nor  can  they 
be  required  to  build  or  enlarge  school-houses  at  their  own 
expense.  But  they  have  no  right,  because  the  needful  au- 
thority to  build  is  wrongfully  withheld,  to  commit  a  greater 
wrong  by  jeopardizing  the  health,  and  even  the  lives,  of  the 
children,  by  admitting  more  than  the  house  can  safely  ac- 
commodate. The  law  requires  no  such  thing, — humanity 
forbids  it. 

63.  Pupils  from  Unorganized  Districts,  etc. — In  the  case  of 
children  of  unorganized  districts  attending  school  in  other 
districts,  all  that  can  be  done  is  to  allow  the  district  in  which 
the  school  is  kept  the  benefit  of  the  attendance  of  such  chil- 
dren— since  the  requirements  of  section  thirty-five  cannot  in 
that  case  be  complied  with,  their  being  but  one  board  of  di- 
rectors. Add  the  attendance  of  pupils  from  the  unorganized 
district  to  that  of  the  resident  pupils,  and  apportion  one-half 
of  the  fund  on  the  aggregate  attendance  of  both.  In  this  way 
the  district  in  which  the  school  is  taught  will  be  reimbursed, 
in  part  at  least,  for  the  instruction  of  the  scholars  from  the  un- 
organized district.  If  children  are  sent  from  an  organized  dis- 
trict into  another  district  to  school,  the  former  is  liable  for  its 
full  proportion  of  the  wages  of  the  teacher,  as  shown  by  the 
separate  schedule,  and  must  levy  a  special  tax  to  pay  the  same, 
if  necessary.  This  applies  to  organized  districts  which  have  for- 
feited the  public  funds  by  failing  to  maintain  six  months'  school 
as  required  by  law.  It  is  a  fundamental  rule  of  the  law  that 
every  organized  district  shall  pay  the  amount  certified  to  be 
due  the  teacher  of  the  school  to  which  its  children  are  sent, 
and  the  claim  can  be  collected  by  law. 
15 


226  omi  ial  \m>  ji  DicxAL  d»  tsi 

64.     Nam*  and  Style  of  I)  I  ohool  district  most  be 

•  nit.-, I  by  some  numb  i  < :i<l  do  district  should  have  bat 

oim  Dumber.  Wnen  two  district  -  are  consolidated,  the  new  district 
sliniilil  take  the  Dumber  of  om  of  the  constituent  districts,  and  not 
of  '  'A.  Such  .-i  designation  ss  district  Dumber  four  and  five,  foe 
instance,  is  improper  Li  should  be  either  one  or  the  other.  The 
rights  and  claims  of  psrtiei  against  a  school  distriot  are  Dot  bar 
paired  by  ;>  change  of  the  aame  or  number  of  said  district.  If  ■ 
teacher  or  other  person  have  a  legal  claim  for  services,  etc.,  against 

district  wnnfiir  <>n>\  and  1  ,< -t". .r< ■  said  claim  i-  -ati-fied,  -aid  flistrict, 

by  consolidation  or  otherwise]  if  changed  to  number  twot  eaii  1  claim 

is  a-  valid  against  the  districl  by  its  n<w  Dumber  a-  by  it-  origi- 
nal number,  and  may  be  enforced  accordingly.     The  corpora- 
tion continues;  the  designation  only,  is  changed.    (11  IU.t 
28  ///.,  L88.) 

66.  P<  reonal  Propt  rty — Where  Taxallr  under  theSchool  Late. — 
"While  personal  property  generally  follows  the  residence  of  the 
owner,  and  is  there  taxable  ;  yet  if  permanently  located  elsewhere, 
it  may,  under  the  school  law,  be  taxed  where  so  located ;  ami  a 
party  who  complains  of  a  school  tax,  as  levied  in  a  certain  district, 
must  show  that  the  property  was  not  taxable  in  such  district. 
(Mils  v.  Thornton,  26  III.,  300.     King  v.  McDreiv,  31  III.,  418.) 

66.  School  Property — When  Exempt  from  Taxation. — In  order 
to  exempt  school  property  from  taxation,  it  must  be  held  by  the 
school  directors,  under  such  title  as  will  give  them  the  right  to 
possess  and  control  it  at  all  times  for  the  use  of  the  district.  The 
fact  that  property  may  have  once  been  used  for  the  purposes  of  a 
public  school,  does  not  of  itself  give  it  the  character  of  public 
school  property,  after  it  ceases  to  be  so  used.  The  school  prop- 
erty which  is  exempt  from  taxation  by  statute  embraces  all  lands 
donated  for  school  purposes  and  not  sold  or  leased — all  public 
school-houses,  with  their  books  and  furniture,  etc.,  and  the  {/rounds 
attached  to  such  buildings  necessary  for  the  proper  occupancy,  use 
and  enjoyment  of  the  same,  and  not  leased  or  otherwise  used  with 
a  view  to  profit.  Exemption  from  taxation,  so  far  as  property 
of  public  schools  is  concerned,  is  limited  to  such  property  as  is 
actually  used  for  school  purposes  and  is  subject  to  the  actual  and 
exclusive  control  of  boards  of  school  directors.  Hence  real  estate 
or  other  property  coming  into  the  possession  of  school  districts  in 
satisfaction  of  debts,  etc.,  and  not  actually  used  for  school  pur- 


OFFICIAL   AND   JUDICIAL   DECISIONS.  227 

poses,  is  not  entitled  to  the  benefit  of  the  exemption  provided  by 
the  statute.  (Scales'  Comp.,  1030.  Pace  v.  Co.  Commissioners, 
20  III,  644.) 

67.  Alienation  of  District  Taxes. — Every  school  district  is  en- 
titled to  the  whole  amount  of  special  taxes  levied  therein  for  school 
purposes.  The  provisions  of  the  statute  (§§  45  and  46)  are  very 
clear  upon  this  subject,  and  the  remedy  in  case  of  default  is  plainly 
pointed  out.  If  any  portion  of  such  taxes  are  allowed,  intention- 
ally or  otherwise,  to  go  into  the  county  treasury,  in  the  form  of 
"  back  .taxes,"  or  in  any  other  manner,  they  may  be  recovered  at 
the  suit  of  the  township  treasurer,  as  provided  in  the  forty-sixth 
section  of  the  act,  and  when  so  recovered  shall  be  placed  to  the 
credit  of  the  proper  districts,  as  required  by  law. 

68.  Right  of  Action  in  Certain  Cases. ^r- The  school  trustees  of 
a  township  are  public  officers,  vested  with  the  power  to  determine 
to  what  district  money  collected  for  school  purposes  shall  belong. 
Where  money  collected  for  school  purposes  has  been  ordered  by  the 
trustees  of  the  township  to  be  paid  over  by  the  treasurer  to  the 
school  directors  of  a  particular  district,  such  directors  cannot  refuse 
to  receive  it ;  nor  by  receiving  it  do  they  become  liable  to  an  action 
by  another  district  claiming  it.  If  the  district  claiming  the  money 
to  have  been  improperly  paid  over,  have  any  right  of  action,  it 
must  be  against  the  trustees  of  the  township  who  directed  the 
money  to  be  paid.  (School  Directors  of  District  No.  5,  T.  24,  R. 
10,  in  Ogle  Co.,  V.  School  Directors  of  Dist.  No.  1,  same  Town- 
ship, 36  III,  140.) 

69.  Liable  for  Money  Paid  on  their  Order  to  Teachers  having 
no  Certificates. — School  directors  are  individually  liable  for  the 
amount  of  school  funds  paid  on  their  order  to  a  teacher  who  had 
no  certificate.  Their  liability  is  not  changed  by  the  fact  that  a 
part  of  the  money  so  drawn  was  paid  to  an  assistant  teacher  who 
had  a  certificate,  if  the  teacher  named  in  the  schedule,  and  the 
only  one  known  therein,  and  the  payee  of  the  order,  held  no  cer- 
tificate. 

70.  Choice  of  Site. — By  section  forty-eight,  "if  no  locality 
shall  receive  a  majority  of  all  the  votes  cast "  at  an  election  called 
for  the  purpose  of  choosing  a  school  site,  the  board  of  directors 
are  authorized  to  select  a  site.  The  power  of  the  directors  to 
select,  is  conditioned  upon  the  failure  of  the  people  of  the  dis- 
trict to  agree  upon  a  site  by  a  majority  vote;  they  cannot  act 


ill  any  other  oa  w.     Bui  if  i-  held  thai  if  the  nte  voted  for  by  tlw 
people  i-  palpably  and  notoriously  unlit  for  the  purpose,  the  di- 
rector  qhvj  I-  in-  to  build  thereon,  and  may  ordejr  another  meet- 
ing to  cha  •  •    Their  own  power  to  ehooei  oof  exist 
until  the  voters  fail  to  agree  byamajority  rote;  but  if  the  r< 
through  caprice,  selfishness,  jealousy,  indifference  or  negligence, 
locate  the  house  in    ome   grossly  inconvenient  or  inaccessible    pot; 
or  in  :>  low,  swampy,  unhealthy  or  otherwise  obnoxiom  place,  the 
directors  may  properly  decline  to  act,  and  refer  the  matter  bs> 
the  people  for  further  action.   Theywould  not  be  justified  in  jeopard- 
ing the  health  and  comfort,  and  even  the  lives  of  the  school  children 
of  the  district,  or  in  squandering  the  money  and  property  <»f  the 
district,  by  erecting  a  school-house  in  such  a  locality.     But  it  is 
only  in  extreme  and  palpable  cases  that  the  directors  would  be 
warranted  in  refusing  to  build  upon  the  site  chosen  by  the  people. 

71.  False  Certificates  to  Schedules. — By  section  fifty-three  of 
the  act,  directors  are  required  to  certify  on  each  schedule  returned 
to  them,  that  the  teacher  lias  a  legal  certificate.  If  they  BO  certify, 
knowing  it  to  he  false,  they  should  he  sued  before  a  justice  of  the 
peace,  and  fined,  as  provided  by  section  seventy-six  ;  and  the  facts 
may  also  be  reported  to  the  state  superintendent  who  may  order 
the  township  treasurer  not  to  pay  any  part  of  the  school  fund  to 
such  district,  the  school  not  having  been  kept  according  to  law. 
The  state  superintendent  would  be  fully  warranted  in  such  action, 
by  the  ninth  section  of  the  act.  The  schedule  in  such  a  case  is 
worthless,  and  the  teacher  must  look  for  his  pay  to  the  directors, 
individually,  who  hired  him.  Such  conduct  on  the  part  of  the 
directors  is  moral  perjury,  and  should  be  visited  with  the  severest 
penalties  of  the  law. 

7:2.  Hours  of  School. — The  powers  of  directors  in  respect  to 
the  hours  of  school,  and  the  times  of  opening  and  closing,  arc 
limited  by  the  fitness  of  things,  and  by  general  custom.  "While 
they  have  some  latitude  of  discretion  in  the  matter,  they  cannot 
require  teachers  to  observe  unreasonable  hours,  such  as  from  seven 
to  ten  a.  M.,  and  from  four  to  seven  P.  M.,  &c. 

73.  Liability  in  Cn-tnin  Cases. — Directors  must  establish  free 
schools  and  keep  them  in  operation  "  at  least  six  months  in  each 
year,  and  longer  if  practicable."  (§  48.)  For  this  purpose  they 
have  full  powers.  (§  48.)  "When  would  it  be  "practicable"  for 
them  to  continue  the  schools  beyond  six  months  ?     "When  there 


OFFICIAL   AND   JUDICIAL    DECISIONS.  229 

are  unappropriated  funds  on  hand  sufficient  for  the  purpose,  or 
when  they  are  authorized,  by  vote,  to  levy  a  tax  for  the  purpose. 
(§  48.)  If  neither  of  these  conditions  exists,  they  cannot  extend 
the  term  of  school.  They  can  and  must  sustain  schools  six  months, 
and  may,  without  a  vote  levy  whatever  tax  is  necessary  for  that 
purpose.  (§  43.)  And  if  there  is  still  money  in  the  treasury  not 
otherwise  appropriated,  they  can  and  should  extend  the  term. 
But  having  done  this  their  corporate  powers  are  exhausted.  If 
they  contract  with  a  teacher  for  more  than  six  months,  there  being 
no  funds  on  hand  to  pay  for  such  extension,  and  no  vote  of  the 
district  authorizing  the  same,  they,  and  not  the  district,  are  per- 
sonally liable  for  what  is  due  the  teacher  for  services  rendered  over 
six  months.  They  are  personally  liable  because  their  action  is 
not  warranted  by  law,  and  the  district  cannot  be  holden  for  the 
illegal  acts  of  its  directors,  but  for  those  only  Avhich  are  according 
to  law.  But  the  people  may,  in  such  cases,  if  they  choose,  vote 
to  sanction  the  course  of  the  directors  and  to  assume  the  debt  in- 
curred, and  authorize  a  tax  to  be  levied  to  pay  it.  If  not,  the 
teacher  must  look  to  the  directors  personally. 

74.  Reciprocal  Action  of  Trustees  and  Directors. — The  powers 
conferred  upon  boards  of  directors  by  the  thirty-fifth  section  of 
the  act,  in  respect  to  the  formation  of  new  districts  by  consolida- 
tion, and  the  bearings  of  that  provision  of  the  law  upon  the  re- 
spective jurisdictions  of  directors  and  trustees,  have  been  elsewhere 
explained.  A  further  question  arises  as  to  the  power  of  trustees 
to  dissolve  a  union  district  after  having  been  established  by  the 
directors  under  section  thirty-five,  or  to  change  its  boundaries ; 
and  the  competency  of  directors,  on  the  other  hand,  to  re-establish 
said  union  district.  The  powers  of  each  corporation,  acting  in  its 
OAvn  appropriate  sphere,  are  unlimited.  I  see  nothing  in  the  law 
to  prevent  boards  of  trustees,  at  any  regular  meeting,  from  dis- 
solving union  districts  formed  by  boards  of  directors  under  section 
thirty-five,  or  from  otherwise  changing  the  boundaries  of  such 
districts.  On  the  other  hand,  if  a  union  district  is  resolved  into 
its  original  elements  by  act  of  the  trustees,  and  the  constituent 
districts  elect  directors,  those  directors  may  again  consolidate  their 
respective  districts  and  re-establish  the  union  district.  Each  cor- 
poration is,  in  its  sphere,  independent  of  the  other,  and  the  action 
of  each  is  liable,  so  far  as  any  legal  impedient  is  concerned,  to  the 
subsequent  reviewal  or  reversal  of  the  other.     It  must  remain  for 


OmClAL   am»  JUDICIAL    DBOISI 

each  board  to  decide  for  itself  as  to  the  expediency  of  traversing 
tli«-  totiorj  of  the  other  't  nrnsl  be  obvious,  however,  thai  the 
Inter  I        [uire  the  greatest  practicable  permanency  of 

di^tiiri  boundaries,  %%  1 1  i  *  - 1 1  should  not,  therefore]  be  altered  by 
either  board  upon  1 1  lt  1  >  t  and  frivolous  grounds. 

Upon  receivings  certified  copy  of  the  acl  of  consolidation,  it 
i~  made  th<-  imperative  duty  of  the  trust  i  -  to  change  the  map  of 
the  township  in  accordance  therewith,  :mil  file  the  same  with  the 
clerk  of  the  county  court.  Bui  it  is  held  thai  the  legal  action  of 
the  boards  of  directors  cannol  be  defeated  by  the  willful  neglect  or 
refusal  of  the  trustees  to  perform  their  duty.  A  copy  of  the  pro- 
ceedings of  the  act  of  consolidation,  designating  the  districts  con- 
solidated, and  duly  signed  by  a  majority  of  each  of  the  concurring 
boards  of  directors,  and  attested  by  the  county  superintendent, 
may,  it  is  held,  be  filed  with  the  county  clerk  by  any  of  the  par- 
ties interested,  and  be  by  him  recorded  as  evidence  of  such  con- 
Bolidation,  the  same  as  if  filed  by  the  trustees.  But  this  would 
not  release  the  trustees  from  their  liability  to  a  fine,  under  section 
seventy-six,  fnv  "failing  to  discharge  the  duties  enjoined  upon 
them,  at  the  time  and  in  the  manner  required  by  the  provisions  of 
the  act." 

75.  Purchasing  Residences  for  Teachers. — Directors  have  no 
power  under  the  school  law  to  levy  taxes  to  purchase  residences 
for  teachers,  either  directly  or  indirectly.  The  incompetency  of 
the  directors  to  levy  a  tax  for  such  a  purpose  is  absolute,  and  can- 
not be  cured  by  a  vote  of  the  people,  even  though  unanimous. 
No  taxes  can  be  assessed  in  a  school  district  but  such  as  are  plainly 
allowed  or  contemplated  by  law — the  purchase  of  residences  for 
teachers  is  not  one  of  these.  For  the  same  reason,  no  part  of  any 
school  fund  of  a  district  can  be  used  for  such  a  purpose. 

76.  Whi  re  Owners  of  Land  will  not  SeU. — It  is  held  that  school 
directors  and  township  trustees  have  no  power  to  take  land  for 
school  sites  by  paying  such  sum  as  may  be  affixed  by  a  board  of 
appraisers,  as  is  provided  by  law  in  relation  to  the  right  of  way, 
&c.  The  consent  of  the  owner  is  in  all  cases  necessary.  If  the 
owners  will  not  sell,  there  is  no  remedy  under  the  present  laws  in 
relation  to  schools. 

77.  List  of  Tai-Paiji  rs. — The  list  of  tax-payers  which  is  re- 
quired by  section  forty-four  to  accompany  the  directors'  certificate 
of  the  rate  of  taxation,  must  include  all  tax-payers,  whether  real- 


OFFICIAL   AND   JUDICIAL   DECISIONS.  231 

dent  or  non-resident.  The  word  "resident,"  before  the  word  "  tax- 
payers," in  said  section  seems  an  inadvertence — it  does  not  restrict 
the  lists  to  the  tax-payers  actually  residing  in  the  respective  dis- 
tricts. The  property  of  non-residents  is  taxable  for  school  pur- 
poses equally  with  that  of  residents,  and  the  names  of  the  former 
must  therefore  in  all  cases  be  listed. 

78.  Separate  Schedules. — When  a  district  lies  partly  in  two 
different  townships,  the  teacher  must  keep  a  separate  schedule  of 
the  pupils  residing  in  the  respective  townships.  (§  85.)  When 
the  schedules  are  completed,  it  is  sufficient  if  the  teacher  delivers 
them  to  some  one  of  the  directors.  (§  53.)  The  director  receiv- 
ing the  schedules  is  bound,  in  connection  with  one  other  director 
of  the  board,  to  examine,  correct  and  certify  them,  and  to  file  them 
with  the  respective  township  treasurers,  (§  58,)  and  in  default,  the 
director,  or  directors,  to  whom  the  schedules  were  delivered  by  the 
teacher,  are  personally  liable  for  any  loss  sustained  by  said  teacher. 
(§  54.)  The  liability  is  not  changed  by  the  fact  that  the  directors 
to  whom  the  schedules  are  delivered  reside  in  one  of  the  townships 
out  of  which  the  district  is  formed,  while  the  third  resides  in  the 
other  township,  and  that  said  third  director  was  relied  upon  to 
file  the  schedule  belonging  to  his  township,  but  failed  to  do  so. 
Every  school  district  is  a  unit  in  the  eye  of  the  law,  regardless  of 
the  fact  that  it  may  be  composed  of  territory  from  two  or  more 
townships,  and  the  directors  receiving  the  schedules  from  the 
teacher  must  see  that  both  of  them  are  placed  in  the  hands  of  the 
respective  treasurers  within  the  time  fixed  by  law.  They  cannot 
throw  the  responsibility  upon  the  other  director. 

79.  Tobacco  in  School. — School  directors,  under  the  forty-eighth 
section  of  the  act,  may  undoubtedly  establish  and  enforce  a  rule 
forbidding  the  use  of  tobacco,  in  any  form,  in  any  school-room  or 
in  any  part  of  the  school-building ;  and  for  insisting  upon  a  strict 
compliance  with  such  rule,  the  same  being  right  and  proper,  they 
cannot  be  held  to  account. 

80.  The  Control  of  a  Public  School  cannot  be  Interfered  with 
by  any  Outside  Parties. — No  public  school  is  entitled  to  receive  any 
part  of  the  school  fund  unless  it  is  under  the  exclusive  control  and 
direction  of  a  board  of  directors  legally  elected  by  the  people  of 
the  district.  No  board  of  directors  can  surrender  the  management 
of  their  school  to  any  protestant  clergyman,  or  catholic  priest,  or 
to  any  other  person  or  persons  whatever.     They  would  be  per- 


OFFfl  ILL    am.   .11  DH  JAi.    m.<  UK 

Bonalh  liable  for  bo  doing,  and  tl"-  chool  fund  would  be  forfeited 
for  the  irhole  time  that  tl"-  school  was  controlled  by  any  peraoni 
be  idea  tl"    directors.     Mini  U  n  of  the  gospel  and  all  other  good 

and  Uy  meo  are  re  pectfullj  and  cordially  invited  to  risit  ili«- 

publio    chools,  and  their  aid  and  countenance  are  all  irmly 

welc «l  and  earne  tl;  desired  bj  all  the  true  friends  of  popular 

education;   but  thej   mu  I  qoI  interfere  with  tin-  proper  official 
management  of  the  schools,  anj   more  than  othersi     A  teacher 
ulin  i    Interfered  \\  itli  or  dictated  to  in  respect  to  the  mai 
of  nil  school)  by  any  per  the  directors,  maj   regard 

such  persons  as  intruders,  and  if  necessary  eject  them  from  his 
premises.  A  Bchool  a  a  -  to  be  a  public  school  in  the  ey<  of  the 
law,  the  moment  that  the  control  of  it  i-  assumed  by  anj  pi 
or  persons  whatever  except  the  directors.  It  may  seem  unn< 
sary  to  Btate  these  obvious  truths,  but  instanced  of  flagrant  disre- 
gard of  them  have  occurred  in  the  state,  and  this  exposition  of  the 
law  in  the  case  is  made  for  the  information  and  guidance  of  all 
concerned.     (§  48,  school  law.) 

81.  District  Bonds. — When  directors  borrow  money  for  build- 
ing purposes,  and  issue  bonds  as  provided  by  section  forty-seven, 
and  the  money  is  actually  paid  in,  it  must  be  placed  in  the  hands 
of  the  township  treasurer.  But  it  is  held  that  bonds  may  1*.- 
issued,  under  Baid  section,  instead  of  money,  for  labor,  materials, 
etc.,  where  the  parties  are  willing  to  take  them.  In  such  ease, 
the  bonds  do  not  pass  through  the  hands  of  the  township  treas- 
urer, but  arc  issued  directly  to  the  parties  concerned.  Nor  are 
township  treasurers  entitled  to  a  percentage  upon  such  bond-  when 
issued,  but  only  upon  the  money  paid  thereon  when  they  mature 
and  are  presented  for  payment. 

82.  Premiums  and  Prizes. — Directors  are  not  authorized  to 
use  any  part  of  any  school  fund,  or  of  any  funds  raised  by  -pecial 
district  tax,  or  of  any  surplus  district  funds,  for  the  purpose  of 
offering  premiums  or  prizes  to  scholars  as  an  inducement  to  dili- 
gence in  study,  or  as  rewards  for  proficiency  in  scholarship  or  ex- 
cellence of  deportment.  If  such  premiums  are  offered,  the  ex- 
pense must  be  defrayed  in  some  other  way.  It  is  also  BUgg 
that  there  are  higher  and  better  incentives  to  assiduity  and  good 
conduct  in  school,  than  the  hope  of  any  material  rewards. 

83.  Return  of  Tax  s, — By  section  forty-four,  .-i-hool 
directors'  certificates  of  the  rate  of  taxation  should  be  transmitted 


OFFICIAL   AND   JUDICIAL   DECISIONS.  233 

to  the  county  clerk,  through  the  township  treasurers.  They  can- 
not properly  reach  the  county  clerk  through  any  other  channel. 
But  it  is  held  that  this  is  not  essential  to  the  validity  of  the  tax ; 
that  in  this  respect  the  provision  of  the  statute  is  to  be  construed 
as  advisory.  The  county  clerk  may  refuse  to  receive  the  certifi- 
cates except  from  or  through  the  township  treasurers ;  but  if  he 
consents  to  receive  them  from  the  directors  personally,  the  law 
does  not  forbid  his  doing  so,  and  the  fact  would  not  render  the  tax 
void,  provided  that  the  certificates  are  in  due  form  of  law,  prop- 
erly signed,  and  returned  on  or  before  the  day  fixed  by  statute. 
This  view  is  supported  by  the  fact  that  township  treasurers  have 
no  supervisory  power  over  said  certificates ;  they  cannot  alter  or 
change  the  rates,  or  pass  upon  the  question  of  the  prudence  or 
necessity  of  the  tax  certified  by  the  directors  as  necessary ;  their 
only  duty  in  the  premises  being  to  see  that  the  certificates  are  in 
due  form  of  law,  and  to  file  them  with  the  county  clerk.  The  ob- 
ject of  the  law  requiring  the  certificates  to  be  returned  through 
the  treasurers  is  to  keep  them  informed  of  the  proceedings  of  the 
different  districts,  and  to  subserve  the  convenience  of  county  clerks 
and  directors ;  not  to  give  the  treasurers  any  controlling  power 
over  the  certificate  themselves. 

84.  Separate  Schedules  Must  be  Paid. — "When  the  law  in  re- 
lation to  the  transfer  of  scholars  from  one  district  to  another, 
(§  85),  is  complied  with,  the  district  in  which  the  school  is  taught, 
has  a  good  and  valid  claim  against  the  other  district,  for  the 
amount  certified  in  the  separate  schedule  to  be  due.  The  claim  is 
not  impaired  by  the  failure  of  the  other  district  to  comply  with 
the  six  months'  rule  of  the  law,  thereby  forfeiting  its  claim  to 
the  public  funds,  but  remains  good  until  paid,  precisely  as  any 
other  schedule;  and  the  amount  due  must,  if  necessary,  be  raised 
by  a  special  district  tax. 

85.  Consolidation  of  Schedules. — When  children  attend  school 
in  a  different  district  from  that  in  which  they  reside,  the  district 
of  their  residence  is  entitled  to  the  full  benefit  of  the  amount  ac- 
cruing upon  the  attendance  certified  in  the  separate  schedule  of 
such  children.  The  number  of  days'  attendance  certified  in  the 
separate  schedule  is  to  be  added  to  that  certified  in  the  regular 
schedule  of  the  home  district,  and  apportionment  made  upon  the 
aggregate  of  both.  This  is  to  reimburse  the  home  district  for  the 
amount  paid  the  district  where  the  pupils  were  taught.     The 


284  OFFICIAL   ami  JUDICIAL  DBCIBIO 

same  rule  applii  -  when  the  tranaferred  pupils  reside  is  a  different 
township  from  thai  in  whieh  they  attended  Bohool. 

n  '  '  Taught  by  Teacher*  having  no  Certificates  Cannot 
l<  Paid  from  Dittrift  Taa  Funds.  As  elsewhere  stated,  all  funds 
collected  from  taxee  levied  by  school  directors,  must  1>«-  held  sub- 
ject to,  and  paid  out  upon  the  orders  of  die  director.-  of  the  dis- 
trict. I'.ut  the  <>rdcr.<  on  such  tax  funds  must  be  for  the  pay- 
ment of  dehtfl  legally  contracted,  and  no  others.  Hence,  a  board 
of  directors  cannot  use  any  portion  of  such   special  district  taxes 

to  pay  a  teacher  who  taught  without  having  the  necessary  certifi- 
cate of  qualifications.  Directors  tire  empowered  to  levy  taxes  for 
the  Bole  purpose  of  supporting  or  extending  the  terms  of  such 
schools,  and  such  only,  as  the  law  contemplates.  But  the  law 
docs  not  contemplate  or  in  any  manner  recognize,  schools  taught 
by  teachers  who  have  no  certificates,  and  no  public  or  special  tax 
funds  can,  therefore,  be  used  to  pay  any  of  the  expenses  of  schools 
so  taught.  Any  other  interpretation  of  the  statute  would  be 
absurd,  because  if  the  directors  may  ignore  the  provision  in  re- 
spect to  certificates,  they  may  ignore  every  other  provision  of  the 
act,  and  levy  taxes  to  pay  the  teachers  of  writing  schools,  or  sing- 
ing schools,  or  any  other  description  of  schools,  however  unlike 
they  may  be  to  the  public  schools  provided  for  in  the  statute. 


OFFICIAL  AND  JUDICIAL   DECISIONS.  235 


V.    TEACHERS. 

1.  Schedules. — No  teacher  of  a  public  school  is  entitled  to  any 
part  of  the  public  school  fund  unless  he  keeps  a  schedule  of  schol- 
ars, over  six  and  under  twenty-one  years  of  age,  attending  his 
school.  Schedules  must  be  kept  in  the  form  prescribed  by  law. 
When  pupils  attend  from  different  townships  or  districts,  separate 
schedules  must  be  made  for  each  township  and  district.  Teachers 
must  deliver  their  schedules  to  the  directors  as  soon  as  completed, 
and,  for  their  security,  they  are  entitled  to  receive  receipts  for  the 
same  from  the  director,  or  directors,  to  whom  said  schedule  or 
schedules  are  delivered.  Teachers  are  not  required  to  deliver  their 
schedules  to  the  township  treasurer — that  duty  is  imposed  upon 
the  directors.  The  method  of  proceeding  in  the  case  of  separate 
schedules  is  clearly  pointed  out  in  the  act.  Teachers  cannot  be 
too  careful  to  comply  strictly  with  all  the  requirements  of  the  law 
in  respect  to  the  manner  of  keeping,  and  the  prompt  delivery  of, 
their  schedules.     (§§  35,  53  and  54.) 

2.  Permits  of  Transfer. — Section  thirty-five  of  the  amended 
act,  requires  written  permits  of  transfer  of  scholars  from  one  dis- 
trict to  another  to  be  filed  with  the  township  treasurer.  As  the 
rule  requiring  such  permits  is  mandatory,  teachers  should  be  very 
careful  to  satisfy  themselves  that  pupils  from  other  districts  have 
been  regularly  transferred  before  admitting  them.  This  is  the 
more  essential  now,  since  such  permits  are  made  the  only  evidence 
upon  which  township  treasurers  are  authorized  to  pay  separate 
schedules. 

3.  Children  under  Six  Years  of  Age. — The  act  as  amended 
fixes  the  minimum  limit  of  eligibility  to  the  public  schools  at  six 
years.  No  pupil  under  that  age  should  be  admitted  into  the  pub- 
lic schools.  It  is  the  province  and  duty  of  teachers  to  see  that 
this  requirement  is  complied  with,  and,  if  necessary,  to  report  to 
the  directors  for  their  information,  and  action,  cases  of  persistent 
violation  or  infringement  of  this  requirement  of  the  law.     (§  48.) 


2  16  OFFICIAL    4KB   Jl  DI<  I  LL    DE<  i-i> 

I.  Suits  Against  Director*.  Teachers  will  bear  in  mind  that 
their  contract!  with  boardi  of  directors  are,  by  law,  credit  con- 
traoti     thai  their  Bchedulei  are  due  and  payable  semi-annually, 

\i/. :  in  April  and  October.  If,  therefore,  it  becomee  accessary 
for  thi  in  i"  bring  suit  against  the  directors  for  their  wages,  and 
judgment  is  obtained,  the  directon  cannot  be  compelled  to  pay 
unii I  after  the  April  and  ( October  apportionments.  Nor  can  dir<  ct- 
ors,  in  ucb  os  es,  be  mod  as  individuals,  I  nit  only  as  b  corporation. 
The  private  property  of  directoi  cannot  I"-  taken  in  satisfaction 
of  any  judgment  obtained  against  them  in  their  official  chai 
as  directors.     (§§  L8  and  19. ) 

.,.  "Effect  of  I!  cation  of  Certificates. — Teachers  whose  cer- 
tificates have  been  revoked  by  tin'  county  superintendent,  cannot 

receive  public  i •}■  on  -<ln<  i  ul<-  of  schools  taught  by  them  rab- 

Bequent  to  the  dale,  of  said  revocation,  or  while  they  remain  with- 
out a  legal  certificate 

G.  Dismissal. — Teachers  are  liable  to  dismissal  by  the  directors. 
Any  teacher  feeling  aggrieved  by  the  action  of  the  director-  in 
Buch  case,  may  sue  them  on  his  contract,  and  thus  compel  them  to 
show  cause  for  the  dismissal,  and  to  sustain  the  alleged  ground-  of 
their  action  by  adequate  proof. 

7.  Suspension  or  Expulsion  of  Pupils. — Directors  arc  author- 
ized to  suspend  or  expel  pupils  for  disobedient,  refractory,  or 
incorrigibly  bad  conduct.  This  authority  they  may  delegate  to 
the  teacher,  to  be  exercised  under  such  circumstances  and  for 
such  offenses  as  they  may  prescribe.  The  directors  may  also 
empower  the  teacher  to  inflict  the  penalty  of  immediate,  though 
temporary,  suspension,  in  cases  of  sudden  and  violent  acts  of  in- 
subordination or  rebellion.  But  the  teacher  must  consider  that 
the  legal  authority  to  inflict  these  extreme  penalties  emanates 
from  the  directors,  and  does  not  vest  primarily  in  him,  and  that  it 
is  therefore  his  duty  to  conform  his  action  to  the  instructions 
received  from  the  directors,  or  to  the  discretion  conferred  by  them. 
In  all  cases  of  temporary  suspension,  the  facts  must  be  reported  to 
the  directors  as  soon  as  practicable,  for  their  information  and  action. 
In  extreme  cases  of  sudden  and  violent  insubordination,  or  vicious 
and  refractory  conduct,  where  the  temporary  removal  of  a  pupil 
from  the  school-room  is  necessary — or  when  a  pupil  who  has  been 
expelled  by  the  directors,  persistently  refuses  to  leave  the  school 
— or  when  a  scholar  maliciously  places  himself  in  the  chair  of  the 


OFFICIAL   AND   JUDICIAL    DECISIONS.  237 

instructor,  or  in  the  seat  of  another  scholar,  and  refuses  to  leave 
it  on  the  request  of  the  master — in  such  cases,  and  others  of  like 
character,  the  teacher  may  compel  obedience  by  force,  and  call  to 
his  aid  such  assistance  as  may  be  necessary  to  effect  that  object. 
( Stevens  v.  Fassett,  27  Maine,  266.  See,  also,  Decisions  relating  to 
Directors.') 

8.  Rules  and  Regulations. — The  right  to  make  rules  and  regu- 
lations for  the  management  and  government  of  schools  is  vested 
by  law  in  the  board  of  directors.  The  design  in  giving  them  this 
power  is  mainly  to  throw  around  the  teacher  the  protection  of  law 
in  administering  the  government  and  necessary  discipline  of  the 
school.  It  is  not  supposed  that  rules  and  regulations  will,  as  a 
general  thing,  be  actually  drawn  up  by  the  directors  personally, 
and  submitted  to  the  teacher  for  his  government ;  the  contrary 
course  is  the  natural  one,  and  the  one  which  in  most  cases  is 
practically  pursued.  An  experienced  teacher  is  necessarily  better 
qualified  to  do  this  than  a  board  of  directors,  who  may  have  no 
practical  acquaintance  with  the  requirements  necessary  for  the 
successful  conduct  of  a  school.  The  proper  course,  therefore,  is 
for  the  teacher  to  draw  up  such  regulations  as  he  may  deem 
expedient,  and  submit  the  same  to  the  directors  for  their  official 
sanction.  The  rules  thus  adopted  and  endorsed  by  the  directors 
are  in  fact  their  rules,  and  may  therefore  be  carried  out  and  en- 
forced under  the  express  provisions  and  sanction  of  law. 

9.  Should  Make  Written  Contracts. — Teachers  should  be  careful 
in  all  cases  to  make  written  contracts  with  boards  of  directors 
before  commencing  their  schools.  Considerations  of  ordinary 
business  prudence  should  prompt  them  to  do  this.  Neglect  of 
this  precaution  has  led  to  much  mutual  misunderstanding  and 
annoyance,  and  often  resulted  in  the  loss  of  a  part,  or  even  the 
whole,  of  the  wages  due.  It  is  in  all  respects  better  for  both 
parties  that  such  contracts  should  be  made,  of  which  each  party 
should  retain  a  copy.  All  the  points  about  which  differences 
would  be  likely  to  arise,  such  as  the  amount  of  salary,  length  of 
time,  number  of  teaching  days  to  the  month,  etc.,  should  be 
plainly  set  forth  in  such  agreements.  Let  it  be  understood  that 
a  moral  obligation  to  pay  a  teacher  cannot  be  enforced  by  law. 
{Bull  v.  Harris,  31  III.,  489.)  The  language  of  the  contract 
must  express  the  exact  intention  of  the  parties;  for  while  the 
rule  of  the  law  is  to  give  effect  to  the  intention,  yet  if  the  language 


288  OFFICIAL  AHD  JUDICIAL  DECISIO: 

ia  anequivooa]  ii  vrill  govern,  although  il  fail  to  express  the  real 
intention  of  the  pertiea.    {Benjamin  r.  M. ■('■,„„,//,  I  (Him., 
Smith  v.  Brown,  5  0t2w.,  ■• 

in.  Not  School' Officer $.  Teaohen  arenoi  ichool  officere,  and 
are  doI  thi  n  fore  entitled  i"  the  immunities  mentioned  in  Beetion 
sen  aty-two.  Town  ihip  trustees  and  school  directon  arc  exempted 
IVcin  certain  bordem  impoaed  upon  other  citizen  .  ai  a  recognition 
of  and  partial  recompenae  for  the  important  service!  rend  red  by 
them  without  pecuniary  compensation;  but  theae  conaiderationf 
do  not  apply  to  the  teacher,  who  contracts  for  and  reoeiyei  the 
best  remuneration  he  can  for  bis  w  rvioes  and  tabor. 

II.  Certificate*. —  By  Beetion  fifty-two,  no  teacher  can  be  cm- 
ployed  i"  teach  any  school  under  tl><:  control  of  any  board  of 
director!  of  any  ichool  district,  who  docs  not,  before  his  employ- 
ment, or  commencing  his  school,  exhibit  to  said  board,  or  to  a 
Committee  of  said  board,  B  certificate  of  qualification  from  the 
county  superintendent  of  the  proper  county;  nor  is  a  teacher  en- 
titled to  any  portion  of  any  public  school  fund,  who  docs  not, 
before  his  employment  exhibit  his  certificate  as  aforesaid.  Xo 
provision  of  the  school  law  is  more  imperative  than  this,  nor  has 
any  other  provision  of  the  act  been  more  literally  and  rigidly  con- 
strued by  the  circuit  and  supreme  courts  of  the  state.  It  has  been 
repeatedly  decided  by  the  judicial  tribunals  that  neither  the 
stipulations  of  a  contract  nor  the  keeping  of  schedules  in  scrupu- 
lous conformity  with  the  act,  nor  the  most  exact  compliance  with 
every  other  provision  of  the  law,  can  compensate  or  atone  for  the 
failure  on  the  part  of  the  teacher  not  merely  to  have,  but  to  present 
to  the  board  of  directors,  or  a  committee  thereof,  before  employment, 
a  legal  certificate  of  qualification.  Default  here  is  absolutely  fatal 
to  the  legal  claims  of  the  teacher  to  payment  from  the  public 
school  fund.  The  teacher  may,  in  such  case,  be  paid  by  private 
subscription  or  otherwise,  but  not  from  the  public  funds.  The 
point  to  be  particularly  noticed  is,  that  the  teacher  is  peremptorily 
required  to  present  his  certificate,  whether  asked  or  required  by 
the  directors  to  do  so  or  not ;  this  is  a  condition  precedent  to  the 
validity  of  any  claim  upon  the  school  fund.  The  directors  are 
not  bound  to  examine  and  certify,  or  in  any  way  to  recognize  the 
schedule  of  a  teacher  who  fails  to  comply  with  this  imperative 
requisition.  Teachers  should  also  renew  promptly  their  certifi- 
cates upon  their  expiration,  even  when  such  expiration  occurs 


OFFICIAL   AND   JUDICIAL   DECISIONS.  239 

during  a  school  term.  No  teacher  can  be  required  to  procure 
more  than  one  certificate  in  order  to  teach  the  same  school.  In 
case  a  district  lies  partly  in  two  counties  the  teacher  must  obtain 
a  certificate  from  the  superintendent  of  the  county  in  which  the 
school-house  is  situated.  He  cannot  be  required  to  have  certifi- 
cates from  both  superintendents.  [Casey  v.  Baldridge,  15  III.,  65. 
Smith  v.  Curry,  16  III,  147.) 

12.  Amenable  to  Directors. — By  section  forty-eight  teachers 
are  made  answerable  to  the  directors  only,  for  their  conduct  while 
in  the  employ  of  the  board.  They  must  faithfully  carry  out  the 
wishes  and  instructions  of  the  directors  in  all  matters  pertaining 
to  the  management  and  discipline  of  the  school,  text  books  used, 
branches  taught,  and  whatever  relates  to  the  general  policy  of  the 
school ;  and  for  so  doing  they  cannot  be  called  to  an  account  by 
the  inhabitants  of  the  district,  but  are  amenable  only  to  the  board. 

13.  Protected  by  Contracts. — The  contracts  of  teachers  with 
directors  are  not  invalidated,  where  a  school  is  temporarily  sus- 
pended by  orders  of  the  directors,  or  compulsorily  by  the  burning 
of  the  school-house  or  other  casualty  for  which  suspension  the 
teacher  is  in  no  way  responsible.  Thus,  if  a  teacher  contracts  for  a 
six  months'  school,  and  a  portion  of  the  time  is  lost  by  reason  of 
suspension,  by  act  of  the  directors,  on  account  of  the  prevalence 
of  a  contagious  disease,  or  by  the  accidental  destruction  of  the 
school-house,  etc.,  the  teacher  is  entitled  to  pay  for  the  whole  time 
according  to  the  terms  of  his  contract ;  provided,  that  he  holds 
himself  in  readiness  during  the  period  of  such  suspension  to  re- 
sume his  duties  as  teacher  and  fulfill  his  part  of  the  contract.  So, 
also,  when  scholars  fail  to  attend  on  account  of  inclemency  of 
weather,  or  when  the  school  is  suspended  for  lack  of  fuel,  or  while 
repairs  are  being  made,  etc.,  the  teacher  cannot  be  required  to 
lose  the  time.  Parties  to  a  contract  are  bound  by  the  terms  of 
their  agreement,  unless  fraud  is  shown.     (24  III.,  587.) 

14.  School  Month  and  Day. — The  lunar  month,  of  four  weeks, 
is  to  be  considered  the  true  common  school  month  in  this  state. 
At  least  twenty  days  shall  be  taught  for  a  month ;  sixty  days  for 
three  months ;  and  one  hundred  and  twenty  days  for  six  months. 
Directors  may  contract  with  teachers  on  the  calendar  instead  of 
the  lunar  month  principle,  and  such  contracts,  previously  made, 
shall  be  valid  and  binding  upon  both  parties  ;  but  less  than  twenty 
teaching  days  shall  not  be  considered  a  lawful  school  month.     In 


240  "i  i  r <  1 11   LVD  J\  DI(  I  it   DS< 

the  ah  i  nee  of  anj  p<  cial  agreemenl  or  contract  between  direct- 
!,,l  teacher,  ai  above,  the  lunar  month  of  twenty  teaching 
.  of  ix  boura  each,  thai]  be  adopted  ai  the  true  basis  of  ect- 
tlniH  hi,  and  ihall  !"•  accepted,  held,  and  construed  by  directors, 
iru  tee  ,trea  urers,  and  others,  a  atisfying  the  demands  of  the  law. 
'I'll,  foregoing  ruling  will  govern  in  the  absence  "I" different  stipula- 
tions between  the  teacher  and  directors.  This  Is  in  accordance  with 
the  general  custom  in  marly  nil  other  free  school  states,  and  in  this 
Btate  from  its  earliest  history.  Though  oot  established  by  statute, 
yet  the  lunar  month,  in  Bchoola  ami  school  engagements,  baa  been 
generally  allowed  by  the  courts,  in  the  al.-ince  of  express  calendar 
month  contracts,  on  the  ground  of  die  common  and  almost  imme- 
morial usage  and  custom  of  the  country  in  school  matti 

L5.  I'.iiiUL.l  to  Jntt't'i'st. —  I >y -rit ion  fifty-four,  the  salaries  of 
teachers  an-  made  payable  on  the  first  Mondays  of  April  ami  Oc- 
tober, and  <m  ;ill  balances  dim  ami  unpaid  on  those  days  respectively, 
teachers  are  expressly  entitled  to  interest  at  the  rate  of  ten  per 
Cent  per  annum,  from  due  and  until  paid.  But  if  there  is  an  un- 
paid balance  on  the  first  Monday  of  any  April  or  OctoLer,  the 
teacher  cannot  demand  interest  on  said  balance  for  the  full  period 
of  six  months,  if  payment  is  tendered  sooner.  If  a  tender  is  made 
and  refused,  further  interest  is  barred.  Balances,  with  accrued 
interest,  may  he  paid  at  any  time  by  the  treasurer,  •when  he  has 
funds  fur  the  purpose. 

10.  Substitutes. — Directors,  only,  have  power  to  employ  teach- 
ers of  public  schools.  Hence,  if  a  teacher  is  taken  sick,  or  ob- 
tains leave  of  absence,  he  cannot  employ  a  substitute — it  must  be 
done  by  the  board  of  directors.  And  the  teacher  so  employed,  for 
however  short  a  time,  must  have  and  exhibit  a  certificate  of  quali- 
fication, make  a  schedule,  and  comply  with  all  other  recpuirements 
of  the  law,  or  the  public  funds  cannot  be  used  in  payment  of  the 
temporary  services  so  rendered.  One  teacher  cannot  receive  wages 
on  the  certificate  of  another,  or  in  the  name  of  another  teacher. 

17.  Holidays. — It  is  customary  and  commendable  to  dismiss 
public  schools  during  the  holidays.  The  usual  holidays  are  the 
Fourth  of  July  ;  from  Christmas  to  New  Year's  day,  both  inclu- 
sive ;  and  all  thanksgiving  and  fast  days  appointed  by  national  or 
state  authorities.  Directors  may  rightfully  authorize  their  schools 
to  be  dismissed  on  the  above-named  holidays,  and,  when  so  dis- 
missed, the  teacher  cannot  be  required  to  lose  the  time. 


OFFICIAL   AND   JUDICIAL    DECISIONS.  241 

18.  Subscription  Papers. — Where  several  persons  sign  a  sub- 
scription paper,  payable  to  a  teacher,  whereby  each  one  agrees  to 
pay  the  sum  set  opposite  to  his  name,  as  tuition  for  the  instruction 
of  his  children,  and  the  school  is  taught  by  the  teacher,  according 
to  the  terms  of  the  agreement,  an  action  may  be  maintained  by 
the  teacher  against  any  subscriber  who  neglects  or  refuses  to  pay 
his  subscription.  This  applies  not  only  to  what  are  known  as  "sub- 
scription schools,"  but  also  to  subscribers  where  a  teacher  is  au- 
thorized by  the  directors  to  receive,  as  additional  compensation, 
such  tuition  fees  from  non-resident  pupils  attending  the  school,  as 
may  be  agreed  upon  between  the  teacher  and  the  parents  of  such 
non-resident  pupils.  Such  arrangements  are  not  recommended,  in 
connection  with  the  public  free  schools,  but  if  made,  payment  may 
be  enforced  by  the  teacher  against  each  subscriber.  The  directors, 
however,  have  no  responsibility  in  such  cases — the  transaction  is 
wholly  between  the  teacher  and  his  subscribers.  If  the  latter  do 
not  pay,  the  teacher  must  look  to  them  and  not  to  the  directors. 
(Robertson  v.  March,  3  Scam.,  198.) 

19.  Assistant  Teachers. — It  is  held  that  all  assistant  teachers, 
as  well  as  principals,  in  the  public  schools,  must  have  certificates 
of  qualification  from  the  county  superintendent — that  there  is  no 
exception  to  the  emphatic  requirements  of  the  law  (§  52)  in  respect 
to  certificates — and  that  the  case  is  not  changed  by  the  fact  that 
an  assistant  teacher  does  not  have  to  keep  a  separate  schedule. 

This  opinion  is  grounded  upon  the  plain  object  of  the  legisla- 
ture in  requiring  teachers  to  possess  certificates ;  which  can  be 
none  other  than  to  secure  the  employment  of  teachers  of  approved 
character  and  ability — a  consideration  of  quite  as  much  moment 
in  the  case  of  assistant  teachers,  as  any  other.  It  is  true  that  the 
statute  also  forbids  the  payment  of  the  school  fund  to  any  teacher 
who  does  not  furnish  a  schedule,  etc.  But  this  requirement  is 
virtually  complied  with  where  a  general  schedule  of  the  whole 
school  is  kept  by  the  principal — since  the  records  and  date  of  the 
pupils  taught  by  the  assistant  teacher  are  all  included  in  the  gen- 
eral schedule.  The  assistant  teacher  does,  virtually,  keep  a  sched- 
ule, by  the  principal,  and  it  is  a  legal  maxim,  "  qui  facit  per  alium, 
facit  per  se." 

The  object,  moreover,  of  the  schedule  is  simply  to  preserve  cer- 
tain statistics,  particularly  those  upon  which  the  public  funds  are 

apportioned,  (§  34,)  and,  so  that  this  is  done,  it  is  not  very  mate- 
16 


242  "i  I  I  *  r  \i.   anh   JUDICI  w.    DEI  I 

ria]  u  hether  b  record,  or  schedule,  U  kepi  by  each  b  istanl  teacher, 
or  l-v  the  principal  teacher,  for  the  whole  school  The  certij 
,„,  the  other  band,  ii  the  only  legal  and  public  evidence  of  the 
p..,-  ,,,,'  fitness  to  teach)  and  is  therefore  of  rital  and  nnchangea- 
1,1, •  importance-  A  principal  can,  and  may,  keep  a  Bchedule 
i;,r  :m  :,  iatanl  teacher,  bul  he  cannot  Furnish  thai  ■■■■-  istant 
with  capacity  and  ability  t<>  teach.  The  obligation  of  at  iatanl 
teachers  to  po  ertificates  is  not,  therefore,  Lessened  in  the 

least  by  the  circumstance  of  their  not  having  to  keep  separate 
schedules,  in  certain  oases.  It  may  be  further  Bald  thai  to  pay 
(through  the  principal)  school  money  to  teachers  having  no  cer- 
tificates,  would  be  doing  indirectly  what  the  law  expressly  forbids 
t..  be  done  directly,  which  is  contrary  t<>  ;i  well  settled  legal  prin- 
cipal, it'  nut  tu  sound  morals. 

The  conclusion,  therefore,  is,  that  in  b  Bchool  where  there  are 

tanl  teachers,  the  principal  teacher  may,  if  deemed  best,  keep 

the  schedule  for  the  whole  school,  and  the  whole  amount  due  all 

the  teachers  may  1"'  paid  to  him,  he  paying  his  assistants  what  is 

due  them,  respectively  ;   but  that  all  assistant  teachers  must  he 

-. "1  of*  certificates  of  qualification. 

20.  When  a  District  is  Abolished  Pending  a  Contract.  —  The 
rights  of  teachers  must  be  respected.  If  directors  contract  with 
a  teacher  for  six  months  at  a  fixed  rate  of  compensation,  and  the 
district  is  abolished  by  the  trustees  before  the  expiration  of  the 
time,  the  district  or  districts  to  which  the  territory  of  the  extin- 
guished district  is  attached,  are  liable  for  the  wages  of  the  teacher 
for  the  unexpired  portion  of  his  contract  time.  They  may 
pend  the  school,  or  allow  it  to  go  on,  at  their  option  ;  but  the 
teacher  can  demand  payment  in  full.  He  is  ready  and  willing  to 
fulfill  his  contract,  and  cannot  be  deprived  of  his  dues  by  the  act 
of  others.  The  contract  is  an  entirety  and  must  be  fulfilled  as 
such.  The  balance  due  him  is  a  just  debt  owed  by  the  old  district, 
and  must  be  assumed  and  discharged  by  the  districts  receiving  the 
territory  and  property.  The  board  which  employed  him  having 
ceased  to  exist,  by  the  act  of  others,  its  obligations  must  be  met 
anl  discharged  by  its  successors  ;  and  where  a  district  is  abolished 
its  board  of  directors  are  legally  succeeded  by  the  board  of  the  dis- 
trict of  which  it  then  becomes  a  part.  If  a  contractor — a  teacher — 
docs  not  find  in  office  the  same  men  with  whom  he  contracted,  he 
can  at  least  find  their  successors,  and  his  remedy  is  against  them. 


OFFICIAL    AND   JUDICIAL    DECISIONS.  243 

21.  Assignment  of  Schedules. — It  is  held  that  teachers'  sched- 
ules, as  such,  are  not  negotiable  or  assignable.  If  a  teacher  de- 
sires to  give  a  creditor  the  benefit  of  what  is  due  on  his  schedule, 
he  should  obtain  from  the  directors  an  order  on  the  township  treas- 
urer for  the  amount  due,  and  assign  said  order.  The  schedule  it- 
self should  in  all  cases  be  filed  with  the  township  treasurer,  by 
the  directors,  as  required  by  law. 

22.  One  Order  Sufficient.  When  a  schedule  has  been  exam- 
ined and  approved  by  a  board  of  directors,  and  an  order  drawn  by 
them  on  the  township  treasurer  in  favor  of  the  teacher,  for  the 
amount  certified  in  the  schedule  to  be  due,  said  order  is  sufficient 
until  the  whole  amount  thereof  is  paid.  If  there  is  not  money 
enough  in  the  hands  of  the  treasurer  to  pay  the  order  in  full  when 
presented,  the  balance  must  be  paid  on  the  same  order,  whenever 
funds  are  received  applicable  to  the  purpose ;  no  additional  order 
of  the  directors  is  necessary. 

23.  Expiration  of  Certificate  During  School  Term. — As  else- 
where stated  in  this  volume,  teachers'  certificates  should,  in  all  cases, 
be  promptly  renewed  upon  expiration  of  the  period  for  which  they 
were  granted.  This  is  the  safe  and  proper  course,  as  it  effectually 
prevents  any  difficulty  that  might  arise  on  account  of  differences 
of  opinion  in  respect  to  the  matter.  But  inasmuch  as  teachers 
sometimes  fail  to  renew  their  certificates  at  expiration,  it  is  im- 
portant to  consider  the  legal  effect  of  such  failure  upon  the  teach- 
er's claim  to  wages.  I  have  always  been  of  the  opinion  that  if  a 
teacher  "had,  and  exhibited,  to  the  board  of  directors,  before  his 
employment,  a  legal  certificate  of  qualifications,  it  remains  good 
for  the  whole  term  of  his  employment,  even  if  the  period  for  which 
it  was  issued  expires  before  the  close  of  his  school. "  By  the  pos- 
session and  exhibition  of  the  certificate  before  employment,  he 
strictly  complies  with  all  the  conditions  prescribed  in  the  fifty-sec- 
ond section  of  the  act,  and  no  more  can  legally  be  required  of  him, 
so  far  as  that  contract  is  concerned.  It  might,  it  is  true,  be  under- 
stood beforehand  between  the  parties,  that  if  the  certificate  ex- 
pired during  term  time,  it  should  be  immediately  renewed ;  but 
in  the  absence  of  such  special  stipulation,  it  has  always  seemed 
clear  to  me  that  strict  compliance  with  what  the  law  (§  52) 
makes  a  condition  precedent,  is  sufficient  to  enable  the  teacher  to 
collect  his  pay  for  the  whole  term.  By  so  doing  the-  teacher  has 
performed  his  part,  and  if  a  renewal  is  desired  prior  to  the  close 


•J  I  I  OFFICIAL  AND  J1  DH  i  LL    DE<  [8H 

of  i|H.  school,  the  duty  of  seeing  thai  it  i-  obtained  devolves  upon 
the  directors,  and  unle  thej  o  require,  the  teacher  is  entitled  to 
In    w  ftg(     for  ili«'  n  hole  time. 

Ii  \t  evident,  however,  thai  some  limit  should  I"-  fixed  to  the 
operation  of  this  principle,  otherwise  it  would  be  liable  to  | 
perversion  and  abuse.  For  example,  ii  would  be  absurd  to  sup- 
thai  because  a  teacher  had  a  valid  certificate  at  the  date  of 
hi  employment,  ii  would  continue  good  for  a  term  ofyeart,  not- 
withstanding it  may  have  regularly  expired  shortly  after  hii  i  m- 
ployment  It  ii  plain  thai  this  poinl  involves  the  question:  For 
what  Length  of  time  can  a  board  of  directors  properly  employ  a 
teacher  under  the  common  school  laws  of  this  state  '  I  he  question 
ii  no1  expressly  answered  in  the  act,  1m t  taking  its  various  provia- 
iona  into  the  account,  it  seems  safe  and  warrantable  to  assume  that 
oo  teacher  can  be  employed  at  any  one  time,  for  a  Longer  period 
than  one  year.  There  arc  many  reasons  for  this  opinion  of  the 
law  in  the  case,  but  they  need  not  be  here  stated. 

The  opinion  of  this  departmenl  is,  therefore,  that  it'  a  teacher 
is  employed  by  a  board  of  directors,  for  a  period  not  exceeding 
one  year,  and  if  said  teacher  has  and  exhibits  to  -aid   board  of 

directors,  or  to  a  committee  thereof,  a  legal  certificate  of  qualifi- 
cation, said  teacher  will  be  entitled  to,  and  can  by  law  collect,  his 
wages  for  the  whole  period  of  his  said  employment, notwithstand- 
ing the  fact  that  his  certificate  may  have  expired  by  limitation 
before  the  close  of  said  period — unless  it  was  especially  stipulated 
beforehand  that  the  teacher  should  renew  his  certificate  at  its  ex- 
piration, or  unless  the  directors  at  the  time  of  such  expiration 
should  expressly  require  and  demand  that  the  certificate  be  re- 
newed. I  am  not  aware  that  these  points  have  ever  been  judicially 
determined,  and  as  they  are  of  much  practical  importance  the 
foregoing  decision  will  be  the  rule  of  action  in  all  the  eases  to 
which  it  applies,  until  a  different  ruling  is  given  by  the  courts. 

24.  Carmot  be  Employed  by  Two  Boards  at  the  same  Time. — 
When  a  teacher  is  employed  by  a  board  of  directors  to  teach  their 
district  school,  they  have  a  right  to  his  services  for  the  whole 
teaching  time  of  every  school  day,  and  to  the  undivided  control 
of  such  services.  Hence,  a  teacher  cannot  legally  be  in  the  em- 
ploy of  two  different  boards  of  directors  at  the  same  time  :  much 
less  can  he  at  the  same  time  act  as  principal  of  a  seminary  or  other 
private  school,  and  as  teacher  of  a  public  district  school. 


OFFICIAL   AND   JUDICIAL    DECISIONS.  245 

25.  Cannot  Resign  at  Will. — If  a  teacher  covenants  with  a 
board  of  directors  to  teach  their  school  for  a  certain  specified  time, 
for  a  certain  stipulated  sum,  both  parties  are  bound  by  the  agree- 
ment in  its  fullest  extent  and  meaning,  and  neither  can  be  released 
without  the  consent  of  the  other.  It  is  what  is  termed  in  law  an 
entire  contract.  The  directors  cannot  discharge  the  teacher  till 
the  expiration  of  his  engagement,  except  for  the  causes  mentioned 
in  the  statute,-  (§  48  ;)  or,  if  they  do,  they  are  liable  for  his  wages 
for  the  whole  time  ;  nor  can  the  teacher  resign,  or  voluntarily  leave 
the  service  of  the  directors  against  their  wish,  till  the  end  of  the 
time  for  which  he  agreed  to  teach.  They  are  not  bound  to  accept 
his  resignation  unless  the  privilege  of  resigning  at  will  was  granted 
at  the  time  of  his  employment ;  and  if  he  leaves  the  school  against 
their  consent,  he  cannot  recover  even  for  the  time  he  has  taught. 
Courts  will  not,  and  ought  not,  to  construe  covenants  and  agree- 
ments independent,  where  one  party  may  refuse  to  perform,  and 
still  enforce  performance  by  the  other.  Parties  to  a  written  con- 
tract are  bound  by  the  terms  of  their  agreement,  unless  fraud  is 
shown  ;  and  a  parol  agreement  is  as  binding  as  a  written  contract. 
If  there  is  a  contract  it  is  not  material  whether  it  is  written  or 
verbal,  so  far  as  the  legal  obligations  of  the  parties  are  concerned. 
An  entire  contract  cannot  be  affirmed  in  part  and  rescinded  as  to 
the  residue.  If  a  party  agrees  to  labor  for  a  year,  for  a  certain 
sum,  he  must  labor  for  that  time  to  be  entitled  to  any  compensa- 
tion. He  is  not  bound  to  labor  longer  than  he  pleases,  but  if  he 
abandons  the  contract  voluntarily,  without  any  sufficient  cause,  or 
for  any  cause  he  himself  has  provoked,  he  cannot  recover  for  the 
time  he  has  labored.  {Swanzey  v.  3Ioore,  22  III  63.)  Directors 
may  therefore  refuse  to  accept  a  teacher's  resignation,  at  their  dis- 
cretion, if  tendered  prior  to  the  expiration  of  his  term  of  service  ; 
just  as  a  teacher  may  refuse  to  resign,  or  to  abandon  his  contract 
before  its  conclusion,  though  requested  or  even  required  so  to  do  by 
the  directors — the  obligations  and  liabilities  are  mutual.  This  is 
the  law  of  the  case,  and  it  is  also  reasonable  and  just.  It  binds 
the  teacher  for  the  full  term  of  his  encasement,  unless  the  direct- 
ors  voluntarily  release  him.  They  might  otherwise  be  left  with- 
out a  teacher  when  it  would  be  impossible  to  supply  his  place. 
On- the  other  hand,  it  renders  the  teacher  safe  from  the  danger  of 
removal  by  any  sudden  caprice  of  the  directors ;  it  holds  them  also 
to  their  agreement,  and  obliges  them  to  pay  him  for  the  full  term 


246  OFFICIAL    am»    H  DH  i  LL    D]  <  18U 

of  hi  cincnt,  unless  h<-  voluntarily  releasee  them.     For  :i 

lull  ili -.-ii    ion  of  the  principles  upon  which  thi~  decision  i-  b 
tee  a]  Igt  v.  Route,  2  (Him.  91  :   Bagley  v.  Heald,  I  (Him. 

•  ;i :  //.,,.  ell  v.  1  TU.  257  ;  3d  .   < 

///.  126;    \fecum  v.  P<  ma  and  Oawtwl  i  U.  /.*.  I  '■.,  21  ///. 
/'  i/  -  '  i ■.  I  6*  awii  117. 

26.  Making  Firet,  etc.  It  is  no  part  of  a  teacher's  duty  to 
make  the  fires,  sweep,  prepare  the  fuel,  etc.,  for  his  school-house, 
unless  so  stipulated  or  agreed  in  his  contract  with  the  board  of  di- 
rectors. A  teacher  is  employed  to  teach,  not  to  mal  >r  use 
the  broom,  axe  or  saw.  These  are  services  which  have  no  connec- 
tion whatever  with  his  personal  duties  ac  teacher,  and  which  he 
cannot,  therefore,  be  required  to  perform  under  s  general  contract 
to  teach  the  Bchool.  Whatever  services  and  duties  properly  attach 
to  the  office  of  teacher,  in  addition  to  the  great  work  of  instruct- 
ing and  governing  the  m-IiooI  ;  mk-Ii  a-  pn-.-erving  the  house  and 
its  furniture,  the  fences,  grounds,  trees,  shrubbery,  etc.,  from  in- 
jury by  the  pupils,  may  legally  be  required  of  him.  But  making 
fires,  sweeping,  Bawing  wood,  etc.,  do  no!  belong  to  his  category. 
A  teacher  is  under  no  more  legal  obligation,  as  a  teacher,  to  saw 
and  split  the  wood  for  the  school  stoi  es,  than  he  is  to  bring  it  from 
the  forest  to  the  Bchool-house.  Nor  is  he  under  any  more  obliga- 
tion to  cause  it  to  be  done,  or  to  see  that  it  is  done,  unless  he 
agrees  to  do  so;  and  of  course  be  is  not  liable  for  any  expenses 
attending  the  performance  of  such  services.  All  Buch  sendees 
and  the  expenses,  if  any,  attending  them,  must  be  provided  for  by 
the  directors,  unless,  as  before  stated,  the  teacher  voluntarily  as- 
sumes the  responsibility  in  his  engagement  with  the  directors.  In 
common  district  schools,  such  duties  are,  it  is  true,  generally  at- 
tended to  voluntarily,  by  the  teachers  and  larger  scholars,  and  it 
is  an  economical  and  commendable  custom — one  ■which  I  have  no 
disposition  to  condemn.  But  it  must  be  voluntary;  it  is  not  one 
of  those  customs  to  which  long  acquiescence  has  given  the  force 
of  law.  Whatever  expense  attends  such  Bervices  (and  it  will 
always  be  trilling)  comes  under  the  head  of  "necessary  incidental 
expenses,"  and  may  be  provided  for  by  the  directors,  without  a 
vote,  under  the  forty-third  section  of  the  act.  See,  also,  decision 
No.  60,  under  the  head  of  "  School  Directors." 

"J7.  Corporal  Punishment.  —  The  importance  of  this  Bubject 
will  justify  a  somewhat  extended  discussion.     I  shall  first  refer  to 


OFFICIAL    AND   JUDICIAL    DECISIONS.  2-17 

the  legal  decisions  and  opinion*  which  have  been  rendered  in  re- 
gard to  it,  in  the  different  free  school  states.  These  opinions  will 
be  found  to  embrace  nearly  every  aspect  under  which  the  question 
of  corporal  punishment  in  common  schools  can  be  viewed. 

A  school-master  is  liable  criminally  if,  in  inflicting  punishment 
upon  his  pupil,  he  goes  beyond  the  limit  of  reasonable  castigation 
and,  either  in  the  mode  or  degree  of  correction,  is  guilty  of  any 
unreasonable  or  disproportionate  violence  or  force.  (Common- 
wealth v.  Randall,  4  Gray  36 ;  3  G-reenl.  on  Ev.  Sec.  63.)  The 
teacher  is  responsible  for  maintaining  good  order  and  he  must  be 
the  judge  of  the  degree  and  nature  of  the  punishment  required, 
when  his  authority  is  set  at  defiance.  At  the  same  time  he  is 
liable  to  the  party  injured  for  any  abuse  of  a  prerogative  which  is 
wholly  t  derived  from  custom.  (Com.  Sell.  Dec.  N.  Y.  102.) 
Whenever  a  teacher  undertakes  to  exercise  his  authority  to  inflict 
corporal  punishment,  the  cause  must  be  sufficient ;  the  instrument 
suitable  to  the  purpose  ;  the  manner  and  extent  of  the  correction ; 
the  part  of  the  person  to  which  it  is  applied';  the  temper  in  which 
it  is  inflicted, — all  should  be  distinguished  with  the  kindness  pru- 
dence and  propriety  which  become  the  station.  (Cooper  v.  Mo- 
Junkin,  4  Ind.  290.) 

A  parent  is  justified  in  correcting  a  child  either  corporally  or 
by  confinement,  and  a  school- master  under  whose  care  and  in- 
struction a  parent  has  placed  his  child,  is  equally  justified  in  similar 
correction;  but  the  correction  in  both  cases  must  be  moderate  and 
in  a  proper  manner.  A  school-master  stands  in  loco  parentis  in 
relation  to  the  pupils  committed  to  his  charge,  while  they  are  under 
his  care,  so  far  as  to  enforce  obedience  to  his  commands  lawfully 
given  in  his  capacity  of  school-master,  and  he  may  therefore  en- 
force them  by  moderate  correction.  (Com.  Pig.  Pleader,  3  JI.  19; 
Hawk  c.  60,  §  23;  c.  62,  §  2;  e.  29,  §  5.)  In  the  language  of 
Chief  Justice  Holt:  "A  master  may  justify  the  beating  of  his 
scholar  if  the  beating  be  in  the  nature  of  correction  only,  and  with 
a  proper  instrument."  (Precedents  of  Pleas,  2  H.  P.  C.  P.  47-51 ; 
BastaWs  Ent.  613  pi.  18;  2  Clrit.pl.  553;  9  Wend.  355;  Peter- 
dorff  Index  296.)  The  power  allowed  by  law  to  the  parent  over 
the  person  of  the  child  may  be  delegated  to  a  tutor  or  instructor 
the  better  to  accomplish  the  purpose  of  education.  (  2  Kent.  Com. 
205.)  A  school-master  stands  in  loco  parentis,  and  may  in  proper 
cases  inflict  moderate  and  reasonable  chastisement.     (The  State  v. 


248  OFFICIAL    LHD  JUDICIAL  DECIBX4 

Pendergra    ,  2  Deo.  and  Battle,  865.)     Although  a  town  (or  com- 
mon)  school   i-  instituted   by  the  statute,  the  children   are  to  be 
considered  ai  put  in  charge  of  the  instructor  for  the  same  purpose, 
and  he  to  be  clothed  urith  tin-  same  power  ai  when  he  i-  directly 
employed   by  the  parent    The  power  of  the  parent  to  restrain 
anil  coerce  obedience  in  children  cannot  be  doubted,  and  it   1. 
seldom  or  never  been  denied.    The  power  delegated  to  the  master 
\,\  the  parent,  must  be  accompanied  for  the  time,  with  tin    same 
lit  a    incidental,  or  the  object   Bought  must  fail  of  accomplish- 
ment    (Stevens  v.  Faseett,  -7  Maine  280.)     The  tutor  or  .school- 
master has  such  :>  portion  of  the  power  of  the  parent  to  restrain 
:m<l  correct  aa  may  be  necessary  to  answer  the  purposes  for  which 
he   was  employed.     |  1    Blacketone,  458.)     Hie  power  must  l>e 
temperately  exercised,  however,  and  oo  school-master  should  feel 
himself  at  liberty  to  administer  chastisement  coexti  naive  with  the 
parent,  however  much  the  infant  delinquent  might  appear  to  have 
deserved  it.     (8  BarnwaU  -\-  Alderson,  584.)     If  a  person  over 
twenty-one  years  of  age  voluntarily  attend  a  town  (or  an)  I  school, 
and  is  received  as  a  scholar  by  the  instructor,  he  has  the  same 
rights  and  duties  and  is  under  the  same  restrictions  and  liabilities 
as  it  be  were  under  the  age  of  twenty-one  years.    (27  Mah 
This,  it  will  be  understood,  is  true   generally,  but  there  may,  of 
course,  be  a  special  contract  which,  when  it  exists  and  is   Legally 
made,  may   give   unusual  rights  and   privileges  to  either  party.    • 
Where  a  scholar  in  Bchool  hours  places  himself  (with  or  without 
permission),  in  the  desk  of  the  instructor,  and  refuses  to  leave  it 
on  the   request  of  the  master,  such   scholar  may   be  lawfully  re- 
moved by  the  master;  and  for  that  purpose  he  may  immediately 
use  such  force,  and  call  to  his  assistance  such  aid  from  any  other 
person  or  persons  as  may  be  necessary  to  accomplish  the  object; 
and  the  case  is^the  same  if  the  person  removed  is  over  twenty-one 
year-  of  age,  or  not  a  scholar,  but  a  person  having  no  right  in  the 
school.     The  school-house  is  in  the  charge  and  under  the  control 
of  the  authorized  teacher  so  far  as  is  necessary  for  the  performance 
of  his  duties  as  teacher.     The  law  clothes  every  person  with  the 
power  to  use  force   sufficient   to  remove  one  who   is   an   intruder 
upon  his  possessions,  and  the  school-house  is,  for  certain  purposes, 
the  teacher's  close,  his  kingdom,  or  his  castle.     The  teacher  has 
responsible   duties  to  perform,  and   he  is  entitled  in   law  and  in 
reason  to  employ  the  means  necessary  therefor.     It  is  his  business 


OFFICIAL   AND   JUDICIAL    DECISIONS.  249 

to  exact  obedience  in  the  school-room,  and  it  is  his  legal  right. 
{Stevens  v.  Fassett,  27  Maine,  266.) 

The  supreme  court  of  Vermont  in  a  recent  and  very  able  opin- 
ion on  this  subject  say :  A  schoolmaster  has  the  right  to  inflict 
reasonable  corporal  punishment.  He  must  exercise  reasonable 
judgment  and  discretion  in  determining  when  to  punish  and  to 
what  extent.  In  determining  upon  what  is  a  reasonable  punish- 
ment various  considerations  must  be  regarded — the  nature  of  the 
offence,  the  apparent  motive  and  disposition  of  the  offender,  the 
influence  of  his  example  and  conduct  upon  others,  and  the  sex, 
age,  size,  and  strength  of  the  pupil  to  be  punished.  Among  rea- 
sonable persons  much  difference  prevails  as  to  the  circumstances 
which  will  justify  the  infliction  of  punishment,  and  the  extent  to 
which  it  may  properly  be  administered.  On  account  of  this  dif- 
ference of  opinion,  and  the  difficulty  which  exists  in  determining 
what  is  a  reasonable  punishment,  and  the  advantage  which  the 
master  has,  by  being  on  the  spot,  to  know  all  the  circumstances, 
the  manner,  look,  tone,  gestures,  of  the  offender,  (which  are  not 
always  easily  described)  and  thus  to  form  a  correct  opinion  as  to 
the  necessity  and  extent  of  the  punishment,  considerable  allow- 
ance should  be  made  to  the  teacher  by  way  of  protecting  him  in 
the  exercise  of  his  discretion.  Especially  should  he  have  this  in- 
dulgence when  he  appears  to  have  acted  from  good  motives,  and 
not  from  anger  or  malice.  Hence  the  teacher  is  not  to  be  held 
liable  on  the  ground  of  excess  of  punishment  unless  the  punish- 
ment is  clearly  excessive,  and  would  be  held  so  in  the  general 
judgment  of  reasonable  men.  If  the  punishment  be  thus  clearly 
excessive,  then  the  master  should  be  held  liable  for  such  excess, 
though  he  acted  from  good  motives  in  inflicting  the  punishment, 
and  in  his  own  judgment  considered  it  necessary  and  not  excessive. 
But  if  there  is  any  reasonable  doubt  whether  the  punishment  was 
excessive,  the  master  should  have  the  benefit  of  that  doubt.  (Lan- 
der v.  Beaver,  32  Vermont  123  ;  19  lb.  108  ;  4  Gray  37  ;  2  Dever 
$  Bat,  365  ;  3  Salk.  47  ;  Reeves'  Domestic  Bel.  374,  375  ;  Whar- 
ton's Amer.  Crim.  Law,  1259 ;  1  Saunders  on  PL  §  Ev.  144.) 

Says  another  able  jurist :  It  is  not  easy  to  state  with  precision 
the  power  which  the  law  grants  to  school-masters  and  teachers 
with  respect  to  the  correction  of  their  pupils.  It  is  analogous  to 
that  which  belongs  to  parents,  and  the  authority  of  the  teacher  is 
regarded  as  a  delegation  of  parental  authority.     One  of  the  most 


250  OFFICIAL    AW)   ■"  OH  IAL    D£<  E8K 

sacred  duties  of  parent*  U  to  train  up  and  qualify  their  children 
for  becoming  useful  and  virtuous  members  of  society ;  this  duty 
oannot  be  effectually  performed  without  the  ability  to  command 
obedience,  to  control  stubbornness,  to  quicken  diligence,  and  to 
reform  bad  babits;  and  to  enable  him  to  exercise  this  salutary 
Bway  he  i-  armed  with  the  power  to  administer  moderate  ci 
lion  \\  ben  be  shall  believe  it  to  be  jusl  and  uecessary.     The  U  achei 
is  the  substitute  of  the  parent;  is  charged  in  part  with  die  per- 
formance of  his  duties,  and  in  the  exercise  of  these  delegated  du- 
ties is  invested  with  his  power.     The  law  has  uol  undertaken  to 
prescribe  Btated  punishments  for  particular  offences,  but  has  con- 
tented itself  with  the  general  grant  of  the  power  of  moderate 
correction,  and  has  confided  the  graduation  of  punishments,  v.  itliin 
the  limits  of  this  -rant,  to  the  discretion  of  the  teacher.     The  line 
which  separates  moderate  correction  from  immoderate  punishment 
can  only  be  ascertained  by  reference  to  general  principles.     rJ  he 
welfare  of  the  child  is  the  main  purpose  for  which  punishment  is 
permitted  to  be  inflicted.     Any  punishment  therefore  which  may 
seriously  endanger  life,  limbs,  or  health,  or  shall   disfigure   the 
child,  or  cause  any  other  permanent  injury  may  be  pronounced  in 
itself  immoderate,  as  not  only  being  unnecessary  for,  but  inconsist- 
ent with,  the  purpose  for  which  correction  is  authorized.     But  any 
correction   however  severe  which   produces   temporary  pain   only, 
and  no  permanent  ill,  cannot  be  so  pronounced,  .-'nice  it  may  have 
been  necessary  for  the  reformation  of  the  child,  and  does  not  inju- 
riously affect  its  future  welfare.     We  hold,  therefore,  that  it  may 
be  laid  down  as  a  general  rule,  that  teachers  exceed  the  limits  of 
their  authority  when   they  cause  lasting  mischief,  but  act  within 
the  limits  of  it  when  they  inflict  temporary  pain.     When  the  cor- 
rection administered  is  not  in  itself  immoderate  and  therefore  be- 
yond the  authority  of  the  teacher,  its  legality  or  illegality  must 
depend  entirely,  we  think,  on  the  quo  animo  with  which  it  was 
administered.     Within  the  sphere  of  his  authority  the  master  is 
the  judge  when  correction  is  required,  and  of  the  degree  of  cor- 
rection necessary  :  and  like  all  others  intrusted  with  a  discretion 
he  cannot  be  made  penally  responsible  for  error  of  judgment,  but 
only  for  wickedness  of  purpose.     The  best  and  the  wisest  of  mortals 
arc  weak  and  erring  creatures,  and  in  the  exercise  of  functions  in 
which  their  judgment  is  to  be  the  guide,  cannot  be  rightfully  re- 
quired to  engage  for  more  than  honesty  of  purpose  and  diligence 


OFFICIAL    AND    JUDICIAL    DECISIONS.  251 

of  exertion.  His  judgment  must  be  presumed  correct,  because  he 
is  the  judge,  and  also  because  of  the  difficulty  of  proving  the 
offence,  or  accumulation  of  offences,  that  call  for  correction ;  of 
showing  the  peculiar  temperament,  disposition  and  habits  of  the 
individual  corrected ;  and  of  exhibiting  the  various  milder  means 
that  may  have  been  ineffectually  used  before  correction  was  re- 
sorted to.  But  the  master  may  be  punished  when  he  does  not 
transcend  the  powers  granted,  if  he  grossly  abuses  them.  If  he 
use  his  authority  as  a  cover  for  malice,  and  under  pretence  of  ad- 
ministering correction  gratify  his  own  bad  passions,  the  mask  of 
the  judge  shall  be  taken  off,  and  he  shall  stand  amenable  to  justice 
as  an  individual  not  invested  with  judicial  power.  We  think  that 
rules  less  liberal  toward  teachers  cannot  be  laid  down  without 
breaking  in  upon  the  authority  necessary  for  preserving  discipline 
and  commanding  respect,  and  that  although  these  rules  leave  it  in 
their  power  to  commit  acts  of  indiscreet  severity  with  legal  im- 
punity, these  indiscretions  will  probably  find  their  check  and  cor- 
rection in  parental  affection  and  in  public  opinion ;  and  if  they 
should  not,  that  they  must  be  tolerated  as  a  part  of  those  imper- 
fections and  inconveniences  which  no  human  laws  can  wholly  re- 
move or  redress.     (The  State  v.  Pendergrass,  2  Dever  $•  Bat.  865.) 

It  is  undoubtedly  true  that,  in  order  to  support  an  indictment 
for  assault  and  battery,  it  is  necessary  to  show  that  it  was  com- 
mitted ex  intentione,  and  that  if  the  criminal  intent  is  wanting,  the 
offense  is  not  made  out.  But  this  intent  is  always  inferred  from 
the  unlawful  act.  The  unreasonable  and  excessive  use  of  force 
on  the  person  of  another  being  proved,  the  wrongful  intent  is  a 
necessary  and  legitimate  conclusion  in  all  cases  where  the  act  was 
designedly  committed.  It  then  becomes  an  assault  and  bat- 
tery because  purposely  inflicted  without  justification  or  excuse. 
Whether,  under  all  the  facts,  the  punishment  of  the  pupil  is  ex- 
cessive, must  be  left  to  the  jury  to  decide.  (Commonwealth  v. 
Randall,  4  Gray,  38.)  [Made  up  from  "The Lawyer  in  the  School- 
Room"  pp.  70-82.] 

It  will  be  seen  that  the  highest  judicial  tribunals  of  the  several 
states  in  which  the  question  has  been  adjudicated,  including  those 
the  most  renowned  for  learning  and  ability,  are  a  unit  in  respect 
to  the  propriety  and  necessity  of  clothing  school-teachers  with 
authority  to  inflict  corporal  punishment  in  certain  cases,  and  of 
protecting  them  in  the  prudent  and  reasonable  exercise  of  that 


252  OFFICl  \I-    LHD    ii  Mi  LAX    I- 1.-  i-i 

authority.  The  subject  ii  K)  fully  discussed  in  the  judicial  opin- 
ion w  lii.li  have  been  cited,  and  the  grounds  npon  which  authority 
to  punish  corporal]  ether  with  the  checks  and  bounde 

and  condition!  to  be  observed,  are  10  clearly  stated  and  applied, 
thai  i , 1 1 r  little  more  need  be  laid    The  proposition  laid  down  by 
one  of  ili«-  courts,  thai  "the  welfare  of  the  child  ii  the  main  pur- 
for  which  punishment  is  permitted  to  1"-  inflicted,"  is,  per- 

l,;i[,  .  the  I'm  i  Mtis&ctory  of  all  the  opinions  cited.    The  g I  of 

ii,.'  child  is,  indeed,  one  of  the  purposes  for  which  punishment  ii 
allowed   to  be  inflicted,  bul    the  main    purpose   can   hardly  be 
i         led  as  anything  lesa  than  t  1m-  welfare  of  the  school  it* 
:i  whole,  of  which  each  particular  child  is  bul  ;i  part. 

It'  the  highest  court!  of  the  whole  country  have  uttered  but 
one  sentiment  in  regard  to  the  necessity  of  arming  the  teacher 
with  every  power  essential  to  the  duties  and  exigencies  of  1"-  po- 
sition, including  thai  of  corporal  punishment,  the  deductions  of 
reason  and  the  lessons  of  experience  arc  no  less  emphatic  in  their 
affirmance  of  the  same  principles.  It  is  not  believed  that  tlic 
doctrine  of  " moral  suasion  duly."  a-  held  and  taught  by  those 
who  would  banish  all  coercive  measures  from  the  penal  code  oi 
the  Bchool-room,  is  supported  either  by  general  experies* 
Bound  philosophy;  and  it  is  certain  that  it  find-  no  countei 
in  the  teachings  of  inspiration.  Heavier  metal  was  required  to 
Bubdue  the  rebellion  against  the  government,  and  there  are  rebel- 
lions in  the  school-room,  now  and  then,  which  as  plainly  >u_ 

suasion  of  force.  The  spirit  that  sometimes  defies  the  au- 
thority of  tlic  teacher  and  spurns  the  salutary  restraints  of  the 
school-room,  is  the  same  in  kind  that  trained  its  artillery  upon  the 
ensign  of  the  republic  and  defied  the  national  authority.  It'  we 
would  have  no  more  rebellions  of  states,  there  is  no  better  place 
to  begin  to  apply  the  corrective  than  in  the  family  and  the 
school-room :  and  the  same  law  of  right,  which,  in  the  last  resort, 
puts  in  motion  the  fleets  and  armies  of  the  nation  against  armed 
insurgents,  justifies  the  quelling  of  youthful  insurrection  and  re- 
bellion, if  need  be,  by  the  strong  hand.  It  is  better  and  cheaper 
to  nip  the  spirit  of  insubordination  in  the  bud,  in  the  family  and 
school-room,  even  though  the  agency  of  the  rod  must  occasionally 
be  invoked  to  accomplish  it,  than  to  wait  till  it  .-cowls  defiance 
from  the  battle-field:  it  is  wiser  to  punish,  if  we  must,  while 
there  is  hope,  and  eradicate  the  gems  of  lawless  license  from  the 


OFFICIAL   AND   JUDICIAL    DECISIONS.  253 

yielding  heart  of  childhood,  than  to  cut  the  demon  from  the  iron 
will  of  manhood  by  the  bloody  surgery  of  war.  It  may  be  said 
that  this  is  a  purely  fanciful  analogy — that  there  is  no  such  rela- 
tion between  the  child  and  the  man,  the  school-room  and  the 
republic.  I  think  differently;  and  I  would  echo  and  re-echo  the 
warning  of  that  apostle  of  liberty,  humanity  and  culture,  who  so 
recently  died  with  his  armor  on :  "  Take  care  of  the  child  whose 
voice  first  lisps  to-day,  before  that  voice  shall  whisper  sedition  in 
secret  or  thunder  treason  at  the  head  of  an  armed  band.  Remem- 
ber the  child  whose  hand  to-day  first  lifts  its  tiny  bauble,  before 
that  hand  shall  scatter  fire-brands,  arrows  and  death.  Remember 
those  sportive  groups  of  youth,  in  whose  bosoms  there  sleeps  an 
ocean  as  yet  scarcely  ruffled  by  the  passions  which  soon  shall 
heave  it  as  with  the  tempest's  strength." 

The  prevalence  of  the  sentiment  which  would  sweep  every  form 
of  corporal  punishment  from  the  school-rooms  of  the  country,  and 
even  render  its  infliction,  under  any  circumstances,  an  unlawful 
act,  by  positive  prohibitory  legislation,  must  be  regarded  with 
grave  apprehension  by  all  who  rightly  understand  the  true  office 
and  purpose  of  punishment  in  the  family  and  in  the  school,  and 
its  momentous  relations  to  the  welfare  of  the  state.  The  great 
end  of  a  system  of  popular  education  is  to  fit  the  millions  of  the 
nation's  children  for  the  high  duties  and  privileges  of  a  republican 
citizenship;  and  this  is  done  not  so  much  by  the  knowledge  gained 
as  by  the  discipline  of  the  school-room.  It  is  a  grand  thing  to 
endow  the  youth  of  the  country  with  the  elements  of  knowledge, 
and  to  arm  them  with  the  power  conferred  by  even  a  rudimentary 
education ;  but  it  is  a  grander  thing  to  clothe  them  with  the  gar- 
ments of  gentleness  and  docility,  and  give  them  back  to  the  state 
with  habits  of  obedience  and  truth,  a  sense  of  the  inviolability  of 
law,  and  a  sincere  reverence  for  whatever  is  venerable,  just  and  good. 
This  is  the  supreme  work  of  the  schools  of  the  state ;  the  highest 
conception  of  their  usefulness  and  value.  And  to  what  unspeaka- 
ble importance  is  this  thought  exalted  when  it  is  remembered  that 
one-fourth  of  the  whole  population  of  the  country  are,  or  should 
be,  in  the  public  schools.  When  it  is  considered  that  strict  sub- 
ordination and  obedience  is  a  prime  and  absolute  necessity  to  the 
success  of  every  school,  and  that  every  teacher  must,  of  equal 
necessity,  be  invested  with  a  very  large  discretion  in  the  choice 
and  use  of  means  to  ends,  what  folly  to  say  that  all  other  agencies 


25  I  "I   I   [01  M.     AM)    .11    I'M    I  M.     I>l.<   IBK 

may  be  resorted  to,  except  those  which  would  lead  to  obedience 
through  the  ordeal  of  physical  pain,  and  to  denounce  these  ai 
always  and  intrinsically  savage  and  barbarous.  Who  does  not 
Limw  thai  there  are  punishments  a  thousand  times  more  terrible 
than  those  of  1 1 » < •  rod,  and  which  could  be  inflicted  with  im- 
punity though  every  vi  tige  of  authority  to  use  tin-  rod  should  be 
denied  or  repealed  by  statute  ?  1  his  the  bou!  le  -  dignity  than  the 
body?  [a  the  heart  less  tender  in  the  right  of  the  law  and  of 
angels  and  men  than  the  skin  ?  Arc  the  moral  susceptibilitii  -  and 
fcelini  ulnerable  to  pain  and  torture  than  the  flesh  and  mus- 

cles?  Wnal  resources  of  anguish  abide  in  the  insensate  fibi 
a  wooden  rod,  compared  with  those  which  lurk  in  the  tongue,  and 
voice,  and  eye  of  a  bitter  and  unloving  man  or  woman  ?  May  not 
the  cruel  words  and  tones  of  irony,  sarcasm,  or  invective,  cut  and 
bite  and  Bting  tin*  shrinking  sensitive  soul  of  a  child,  as  well  as  the 
sharp  blows  of  a  rattan?  Who  would  not  prefer  that,  if  hie  child 
must  be  punished,  the  blows  should  fall  upon  its  body,  from  the 
hand  of  a  firm,  but  conscientious  and  gentle-hearted  teacher — than 
upon  its  heart  and  spirit  from  the  fiery  tongue  of  a  moral  savage 
or  virago?  It  need  not  be  said  that  two  wrongs  do  not  make  a 
right,  and  that  brutal  punishments  of  whatever  sort,  whether  in- 
flicted upon  the  body  or  the  mind,  should  be  prohibited.  Pre- 
cisely so,  no  morally  sane  man  or  woman  on  earth  denies  that. 
But  why  prohibit  one  class  of  chastisements  in  toto,  while  another 
class,  and  one  undeniably  capable  of  grosser  cruelty  and  abuse,  is 
left  wholly  unrestrained? — that  is  the  question;  and  it  brings  US 
back  to  the  point  from  which  there  is  no  possible  escape  either  in 
reason  or  practice — the  radical  idea  upon  which  turn  all  the  emi- 
nent judicial  opinions  which  have  been  cited,  and  the  foundation 
principle  upon  which  alone  the  maintenance  of  public  school-  is 
possible  ;  namely,  the  discretion  of  the  teacher  in  the  choice  and 
use  of  primitive  or  disciplinary  forces  and  instrumentalities.  Such 
discretion  is  inseparable  from  his  position  and  duties  ;  his  functions 
are  nearly  all  judicial,  not  ministerial,  and  to  bind  his  judgment 
by  the  iron  fetters  of  prohibitory  laws,  or  coerce  it  by  a  senseless 
storm  of  public  opprobrium,  is  to  make  war  upon  the  essential 
conditions  of  all  rational  government,  sap  the  foundations  of  the 
teacher's  power  and  brand  the  profession  itself  as  unfit  to  be  trusted 
with  the  care  of  youth.  The  man  or  the  woman  whose  impetuous 
rashness,  or  ungovernable  temper,  or  vindictive  spirit  needs  to  be 


OFFICIAL   AND    JUDICIAL   DECISIONS.  255 

restrained  by  the  peremptory  inhibitions  of  legislative  enactments, 
is,  ipso  facto,  utterly  and  monstrously  unfit  for  the  school-room, 
and  would  be  no  less  so  though  the  rod  were  torn  from  the  grasp, 
and  hands  and  feet  were  bound  in  fetters  of  iron  by  the  sternest 
conceivable  statutes.  Such  a  person  would  find  means  to  torture 
debase  and  destroy,  if  so  inclined,  in  spite  of  the  fancied  defences 
of  the  law,  and  Avith  a  refinement  of  cruelty  enhanced  by  the  ne- 
cessity of  evading  personal  liability  by  the  invention  of  new  modes 
of  punishment.  There  are  school  punishments,  not  recognized  as 
"corporal,"  which  are  worse  in  every  respect  than  the  simple  in- 
fliction of  the  rod — punishments  which,  to  equal  and  even  greater 
physical  pain,  superadd  nameless  mental  tortures  and  anguish  of 
heart ;  but  which  seem  to  have  entirely  escaped  the  observation 
and  censure  of  those  who  regard  the  rod,  or  simple  straight-forward 
castigation,  as  the  sum  of  all  school  villainies.  But  how  many 
such  truculent  persons  are  there  in  our  school-rooms  ?  Is  there 
one  in  a  hundred — is  there  one  in  a  thousand  ?  I  do  not  believe 
there  is  one  in  ten  thousand.  Our  common  school  teachers  are, 
as  a  body,  thoughtful,  patient,  kind-hearted,  self-governed  and 
trustworthy,  as  much  so  as  any  other  equally  numerous  body  of 
persons  engaged  in  public  employments  in  the  world ;  and  I  believe 
more  so,  considering  the  extreme  demands  made  upon  their  powers 
of  equanimity  and  forbearance.  And  it  is  because  this  is  noto- 
riously true  of  teachers  as  a  class,  that  solitary  instances  of  shock- 
ing cruelty  among  them  excite  such  tempests  of  popular  fury ;  if 
these  were  of  frequent  occurrence  they  would  be  comparatively 
unnoticed.  Such  flagrant  outrages  by  teachers,  though  the  provo- 
cations are  ten-fold  greater,  are  far  less  frequent  than  among  par- 
ents, and  yet  we  hear  of  no  attempts  to  restrict  family  govern- 
ment, by  law,  to  moral  suasion  only.  And  whenever  a  community 
is  startled  by  acts  of  brutal  cruelty  or  murderous  severity  in  the 
punishment  of  children,  whether  in  the  school-room  or  the  family, 
no  protest  is  more  indignant  and  sincere  than  that  of  teachers — 
none  are  less  ready  to  stay  the  hand  of  justice  or  avert  the  merited 
retribution.  I  have  yet  to  know  a  teacher  who  does  not  feel  that 
a  noble  profession  is  disgraced  and  shamed,  so  far  as  all  can  be  in- 
volved in  the  act  of  one,  when  one  who  happens  to  be  in  it,  but  is 
not  of  it,  is  arraigned  at  the  bar  of  a  criminal  court  for  conduct  so 
flagitious ;  and  who  does  not  desire  to  efface  the  stigma  by  the 
summary  expulsion  of  the  miscreant  from  their  ranks.     The  idea 


266  I<  LAX    AM*   .11  DICIAL    i'ii  i  •  |. 

ul,i,li  eeraj  to  lurk  In  the  public  mind,  and  which  blindly  clamori 
for  recognition  and  embodiment  even  in  the  forme  of  law—  thai 
teach  olass  are  peculiarly  savage  and  truculent;  predis- 

:  to  abuse  their  powers,  and  maltreal  and  torture  their  pupils, 
dad  thai  their  evil  propensities  Bhould  therefore  be  restrained  by 
i],,.  trong  arm  of  tlic  law  is  nut  only  absurd,  but  calumnious; 
there  is  no  Bemblance  of  sense  or  truth  in  it;  it.-  implied  charao- 

ttion  of  teachers  is  simply  Blanderous.  The  mischievous 
prevalence  of  tins  preposterous  notion  is  seen  in  the  avidity  with 
which  isolated  cases  of  brutal  castigation  arc  seized  upon  as  proof 
of  the  total  depravity  of  school-teachers,  and  their  especial 
of  the  wholesome  terrors  of  the  law.  As  if  such  rare  and  excep- 
tional horrors  proved  anything;  as  if  "one  Bwallow  could  make  a 

summer."  A  man  whips  his  child  to  death,  which  prove-  that  he 
IS  a  fiend  and  a  murderer,  and  that  is  all  it  proves.  A  tea.  her 
brutally  flogs  and  maims  a  scholar,  which  proves  that  he  i- a  crim- 
inal and  wretch,  and  that  is  all  it  proves.  It  is  not  denied  that 
criminals  and  wretches  sometimes  profane  the  teacher*.-  desk,  as 
well  as  the  domestic  hearth  ;  hut  neither  teachers  nor  parent-  are 
responsible,  as  a  class,  for  such  enormities.  More  than  five  mil- 
lions of  children  are  in  daily  attendance  upon  the  public  schools  of 
the  nation,  and  yet  how  few,  how  very  few,  are  the  instances  where 
teachers  have  rendered  themselves  justly  liable  for  a  criminal  abuse 
of  their  authority  to  inflict  corporal  punishment.  Search  the 
records  of  the  highest  courts  and  see  how  numerous  have  been 
the  acquittals — how  extremely  rare  the  convictions  in  suits  against 
teachers  for  alleged  excess  in  the  use  of  the  rod.  The  spectacle, 
considering;  all  the  circumstances,  is  without  a  parallel  in  the  his- 
tory of  judicial  proceedings,  and  shows  how  baseless  and  pernicious 
is  the  popular  outcry  on  this  subject.  It  is  no  pleasure  to  a  teacher 
to  punish  a  pupil,  but  a  painful  duty,  from  which  he  shrinks  to  the 
last  moment.  Possibly  there  may  be  now  and  then  a  teacher,  (as 
there  may  be  parents,)  of  a  nature  so  savage  and  malign  as  to  in- 
flict pain  upon  a  child  without  regret  or  emotion.  But  to  attribute 
such  ineffable  malevolence  to  teachers  as  a  class,  is  the  wildest  cal- 
umny. I  do  firmly  believe  that  in  ninety-nine  cases  out  of  every 
hundred,  the  teacher  suffers  more  than  the  pupil,  and  would  gladly 
endure  all  the  pain  that  in  sorrow  he  inflicts,  if  the  erring  child 
could  thereby  be  reclaimed. 

Most  of  the  eminent  jurists  whose  opiuons  were  cited  iu  the  in- 


•  OFFICIAL   AND    JUDICIAL    DECISIONS.  257 

troduction  to  this  discussion,  refer  to  the  quasi  parental  relations 
of  teachers  to  their  pupils,  as  a  reason  for  allowing  a  judicious  use 
of  the  rod  in  school.  If  this  supposed  analogy  of  relations  has 
any  basis  of  truth,  and  it  has,  its  whole  force  when  used  as  an  ar- 
gument by  the  court,  is  derived  from  the  assumed  fact  that  cor- 
poral punishment  is  rightfully  permitted  to  be  inflicted  by  parents 
upon  their  children.  The  argument  of  the  courts  is :  parents  are 
justified  in  the  reasonable  and  moderate  use  of  the  rod,  when  nec- 
essary to  secure  obedience  ;  the  teacher  stands,  for  the  time  being, 
and  for  certain  purposes,  in  loco  parentis  ;  therefore  the  teacher  is 
warranted  in  the  moderate  and  reasonable  use  of  the  rod  when 
necessary  to  secure  the  proper  discipline  in  school.  But  is  it  true 
that  humane,  intelligent  and  conscientious  parents  ever  resort  to 
corporal  punishment  in  the  discipline  of  their  children  ?  It  is  not 
necessary  to  answer  this  question.  The  agency  of  physical  suffer- 
ing, the  rod,  is  resorted  to,  when  occasion  seems  to  require,  by  the 
wisest  and  most  kind-hearted  parents  on  earth,  as  all  the  world 
knows — resorted  to  by  them,  because  they  are  wise  and  tender- 
hearted, loving  their  children  too  well  to  omit  any  reasonable 
means  to  turn  their  erring  feet  from  the  ways  of  vice  and  folly. 
And  a  comparison  of  results  is  not  feared.  Those  families  whose 
children  are  sometimes  made  acquainted,  in  loving  firmness,  with 
the  "  relic  of  barbarism,"  are  at  least  as  well  and  as  successfully 
governed,  as  those  who  claim  to  have  learned  a  more  excellent 
way — and  the  sons  and  daughters  of  the  former  are  at  least  as 
likely  to  become  worthy  men  and  women,  as  those  of  the  latter. 
The  harsh  epithets  so  flippantly  applied  to  the  regulated  use  of 
the  rod  in  school,  do  therefore  by  logical  necessity  glance  from  the 
heads  of  teachers  to  those  of  all  parents  who  approve  a  like  use 
of  that  means  of  discipline  ;  and  every  assault  made  upon  physical 
chastisement  in  school,  as  a  remnant  of  a  savage  and  brutal  age, 
is,  per  force,  leveled  also  against  all  the  families  in  Christendom 
which  adhere  to  the  so-called  "  antiquated  theory  of  parental  gov- 
ernment." This,  I  am  aware,  does  not  prove  that  corporal  punish- 
ment is  right,  but  it  comes  as  near  to  it  as  the  rash  fulminations 
against  it  do  towards  proving  that  it  is  wrong.  Assertion  may  as 
well  be  met  with  assertion  ;  corporal  punishment  is  not,  in  itself, 
brutal,  or  a  relic  of  barbarism ;  but  is  an  agency  that  may,  under 
proper  circumstances  and  conditions,  be  rightfully  and  beneficially 
employed  ;  and  those  who  will  not  resort  to  it  when  all  other  means 
17 


OFFICIAL    am-   .11  DIC]  \i-    I'l.'  t8ION8.  • 

fail,  rather  thou  those  \\  bo  &>,  should  1"-  the  objects  of  apprehension 
to  il]  true  philanthropists,  <  Ihristians  and  patriot  . 

Without  doubl  the  besl  teachers  do,  as  a  general  rule,  use  the 
,•,„!  the  least  |  not,  however,  because  they  have,  ai  is  claimed,  a 
Qioer  sen  e  of  the  "dignity  of  the  age,"  or  are  of  a  higher  type 
of  civilization  and  culture,  but  Bimply  because  they  have  e  more 
perfect  personal  discipline,  and  command  a  wider  range  of  mental 
and  moral  resources  from  which  to  draw  to  dealing  with  the  way- 
ward and  erring;  and  because  there  are  some  teachere  who  have, 
by  nature,  an  incommunicable  power  of  governing — a  rare  and 
indefinable  faculty  of  dealing  easily  and  nccessfully  with  youth. 
It  m:l \  be  that  it'  we  all  were  wise  enough,  some  other  remedy 
might  !"•  found  in  every  case,  I  cannot  say.  But  it  is  quite  cer- 
tain that,  bo  far  as  we  can  judge  of  cause  and  effect,  cases  arise  at 
one  time  or  another  in  the  experience  of  most  teaehers,  when  the 
timely  and  judicious  infliction  of  corporal  punishment  seems  both 
at  the  time,  and  ever  afterwards,  the  wisest  and  best  tiling  that 
could  be  done  When  nations  beat  their  swords  into  ploughshares, 
and  their  spears  into  pruning-hooks,  and  learn  war  no  more,  the 
mission  of  the  rod  will  be  ended — perhaps  sooner — but  I  think 
not.  At  all  events  the  moral  millennium  will  not  be  hastened, 
whether  for  nations  or  for  schools,  by  passing  laws  based  upon  the 
negation  of  the  most  palpable  facts  of  humanity. 

The  only  possible  rule  is  to  allow  teachers  all  necessary  discre- 
tion in  respect  to  the  infliction  of  corporal  punishment,  and  all 
other  forms  of  punishment,  and  then  hold  them  to  a  just  account- 
ability for  abusing  the  authority  conferred.  This  is  the  essence  of 
all  the  decisions  of  the  courts,  and  is  the  only  rational  view  that 
can  he  taken  of  the  subject.  Our  school  laws  are  silent  upon  the 
Bubject,  but  the  ridings  of  our  courts  have  harmonized  in  nearly 
every  instance  with  those  of  the  distinguished  jurists  of  other 
states,  and  with  the  spirit  of  the  remarks  which  have  now  been 
made.  Let  our  teachers  and  school  officers  carefully  study  the 
opinions  cited,  and  act  in  their  spirit,  in  the  fear  of  God  and  with 
love  and  charity  toward  all,  and  they  will  not  go  far  astray,  and 
need  have  no  fears  of  being  molested  by  the  law  while  in  the  plain 
path  of  duty. 


OFFICIAL    AND    JUDICIAL    DECISIONS.  259 


VI.     PUPILS. 

1.  Who  are  Eligible. — Only  those  persons  who  are  between 
the  ages  of  six  and  twenty-one  years,  and  bona  fide  residents  of  a 
school  district,  have  a  legal  right  to  attend  free,  the  schools  in  said 
district.  Such  persons  cannot  be  excluded,  nor  can  they  be  charged 
any  tuition  fee.  Other  persons  may  be  admitted  conditionally, 
but  only  those  above  mentioned  can  demand  free  admission  as  their 
absolute  legal  right.  Children  under  six  are  excluded.  Children 
of  other  districts,  and  persons  over  twenty-one  years-  of  age  may 
be  admitted,  but  only  upon  such  terms  and  conditions  as  the  law, 
and  the  directors,  in  the  exercise  of  the  discretion  vested  in  them, 
may  prescribe.  The  distinction  between  those  who  have  a  legal 
claim  to  be  admitted  free,  and  all  others,  must  be  kept  distinctly 
in  view.  Under  no  circumstances  can  ai.y  of  the  latter  class  be 
received  to  the  exclusion  of  any  of  the  former ;  nor  can  pupils 
over  twenty-one  years  of  age  in  any  case  have  the  benefit  of  the 
public  school  fund.  Such  persons  may  be  admitted  when  consist- 
ent with  the  rights  of  the  legal  school  children  of  the  district,  as 
aforesaid,  either  with  or  without  a  tuition  fee,  at  the  option  of  the 
directors.  Should  directors,  without  authority  of  law,  first  admit 
children  under  age,  and  afterwards  conclude  to  exclude  them,  they 
cannot  compel  the  parents  or  guardians  to  pay  tuition  for  the  ille- 
gal attendance  which  they  had  tolerated. 

2.  Residence. — As  a  general  rule,  the  residence  of  parents  is 
the  residence  of  their  children.  Boarding  children  in  a  district 
does  not,  of  itself,  entitle  them  to  the  benefits  of  the  free  school 
in  said  district.  The  mere  temporary  residence  of  a  family  in  a 
district,  solely  to  enjoy  the  benefits  of  the  free  schools,  and  with 
the  intention  of  removal  as  soon  as  that  purpose  is  accomplished, 
does  not  entitle  the  children  to  the  privileges  of  said  schools.  The 
removal  of  a  portion  of  a  family  from  the  legal  domicil  to  another 
district,  in  order  to  send  to  the  free  schools  thereof,  does  not  con- 
fer the  right  to  do  so.  As  a  general  rule,  the  residence  of  their 
parents  is  the  residence  of  employees ;  hence  the  privilege  of  the 


260  OFFICIAL  AND  JUDICIAL  DBCISIO 

ol  in  another  district  is  nol  acquired  by  j)lacing  chil- 
dren temporarily  al  ervice  in  thai  district.  This  includes 
those  who  are  placed  in  families  to  attend  school  and  do  chore- 
work  for  their  board,  etc.    The  mosl  libera]  policy  is,  how 

nmended  toward  this  class  of  children.  Th< 
much  interesl  in  their  education  as  in  thai  of  the  more  favored; 
and,  although  nol  legally  eligible  to  attend  free,  the  directors 
should  nermil  them  n>  do  bo,  when  ool  inconsistent  with  the 
rights  of  others  and  the  welfare  of  the  school.  Children  who 
have  been  apprenticed,  <>r  adopted  into  a  new  family;  <>r  who 
have  been  placed  permanently  in  the  care  of  others,  with  no 
intention  of  withdrawal;  or  those  overwhom  parents  bav< 
linquished  all  control  from  whatever  cause ;  or  those  who  have 
no  parents  or  guardians,  or  whose  par<  i  uardians  live 

in  another  .s t ; 1 1 < ■  or  country,  and  exercise  uo  control  over  their 
children  ;  <>r  those  who  have  no  permanent  abode,  but  go  from 
place  to  place  in  search  of  employment,  and  whose  only  home 
is  where  they  find  work; — the  children  included  in  all  the 
above  classes  are  to  he  enumerated  in  the  district  where  they 
live  and  are  entitled  to  all  the  rights  and  benefits  of  the  free 
schools  in  said  district.  Boards  of  directors  are  authorized 
to  dr.-ide  all  questions  of  residence  in  their  respective  dial 
(8  Wend.,  140.  20  Pick.,  178.  Story's  Conflict  of  Laws,  ch.  3.) 
3.  Exclusion  from  School  in  Certain  Gases. — When  the  moral 
depravity  of  a  child  becomes  so  great  that  his  example  is  dan- 
gerous to  the  purity  of  the  school,  or  when  his  insubordination 
is  so  hold  and  incorrigible  as  to  be  fatal  to  the  discipline  of  the 
school,  duty  to  the  other  scholars  demands  his  removal.  lie 
has  no  longer  any  right  to  remain,  for  no  rights  can  attach  to  the 
individual,  the  exercise  of  which  is  incompatible  with  the  equal 
rights  of  others.  This  principle  has  important  applications. 
[fc  justifies  and  requires  the  removal  of  a  pupil  from  school,  in 
certain  cases,  even  when  no  offense  has  been  committed.  It 
teaches  clearly,  that  punishment  for  evil-doing  is  not  the  only 
ground  upon  which  dismissal  from  school  can  be  justified;  that 
protection  from  evils  which,  though  serious,  imply  no  wrong  in 
the  parties  concerned,  is  sometimes  an  equally  valid  ground  for 
the  temporary  removal  of  a  pupil  from  school.  Directors  may 
and  should  exclude  from  school,  for  the  time  being,  pupils  in- 
fected with  offensive  or  contagious  diseases.    Xot  for  any  fault 


OFFICIAL    AND    JUDICIAL    DECISIONS.  261 

or  wrong  on  their  part,  but  simply  because  their  presence 
under  the  circumstances  is  incompatible  with  the  safety  and 
comfort  of  others.  Their  personal  rights  in  the  common  school 
are  for  the  time  in  abeyance — they  must  be  surrendered  till 
they  can  again  be  exercised  without  infringing  the  equal  rights 
of  others.  The  right  to  enjoy  the  benefit  of  common  schools, 
established  for  all  the  inhabitants,  is  a  common,  not  an  exclu- 
sive personal  right,  and  hence,  like  all  other  common  rights, 
it  must  be  exercised  under  such  limitations  and  restrictions, 
that  it  shall  not  interfere  with  the  equal  and  coextensive  rights 
of  others.  Children  may,  therefore,  be  excluded,  not  merely 
for  punishment,  but  for  the  protection  of  others  from  such 
noxious  example  and  pestilent  influence  as  would  entirely  de- 
feat the  purposes  for  which  schools  are  instituted.  (8  Cash. 
Mass.,  R.,  164.) 

4.  Right  of  Choice  in  Studies. — Pupils  can  study  no  branch 
which  is  not  in  the  course  prescribed  by  the  directors.  Pupils 
can  study  no  branch  of  such  prescribed  course  for  which  they 
are  not  prepared;  of  which  preparation  the  teachers  and  di- 
rectors shall  judge.  Pupils  shall  study  the  particular  branches 
of  the  prescribed  course  which  the  teachers,  with  the  consent 
of  the  directors,  shall  direct,  unless  honest  objection  is  made 
by  the  parents.  If  objection  is  made  in  good  faith,  parents 
shall  be  allowed  to  select  from  the  particular  branches  of  the 
prescribed  course  for  which  their  children  are  fitted,  those 
which  they  wish  them  to  study;  and  for  the  exercise  of  such 
right  of  choice  the  children  shall  not  be  liable  to  suspension 
or  expulsion. 

5.  Admission  to  Other  Districts — How  Obtained. — Before  non- 
resident pupils  can  be  received  into  the  school  of  another 
district,  they  must  obtain  the  written  consent  of  the  directors 
of  their  own  district,  and  those  of  the  district  where  they  wish 
to  attend.  These  permits  should  be  shown  to  the  teacher  for 
his  information,  and  then  delivered  to  the  township  treasurer, 
as  required  by  section  thirty-five ;  except  in  the  case  of  chil- 
dren from  unorganized  districts,  when  the  consent  of  the  di- 
rectors of  the  district  in  which  the  school  is  taught  must,  of 
necessitj-  be  sufficient. 

6.  Persons  over  Twenty-one  —  Discrimination  in  favor  of 
Soldiers. — As  stated  in  a  former  decision,  persons  over  twenty- 


262  OFFICIAL    \M)   .11  DH  I  LL    DE4  1-1 

one  year   of  age,  whether  re  idenl    or  non-re  idents,  mi 
admitted  in'"  the  public  -  al  the  di .-•  >£  the  di- 

rectors, and  ii | ".i i  Bnch  terms  at  they  may  prescribe ;  provided 
;ilw;i\  t  thai  legal  chool  children  are  nol  excluded  thereby^ 
Since  such  persons  are  nol  entitled  to  the  benefi.1  of  the  public 
school  fund,  their  attendance  should  nol  be  noted  in  thesehed- 
ill.-  upon  which  such  funds  are  drawn,  but  a  Beparafc 
should  be  kepi  in  order  thai  a  complete  statistical  report  of 

the  acl I  can  be  made.    This  modification  of  former  opinions 

upon  this  poinl  is  warranted  by  recent  judicial  decisions.  In 
the  exercise  of  the  discretion  vested  in  them,  relative  to  the 
admission  of  persona  over  twenty-one  years  of  age,  it  is  earn- 
estly recommended  thai  a  generous  discrimination  be  made  by 
directors  in  favor  of  returned  soldiers,  very  many  of  whom 
have  spent  in  the  service  of  their  enmity,  several  years,  dur- 
ingwhich  they  would  have  been  entitled  to  gratuitous  instruc- 
tion in  the  public  schools.  The  sentiment  of  justice,  to 
nothing  of  gratitude  and  patriotism,  should  prompt  hoards  of 
directors  to  admit  soldiers,  free,  for  a  Length  of  time  equal  to 
the  portion  of  their  minority  spent  in  the  army.  Thus,  young 
men  who  enlisted  at  eighteen,  and  remained  in  the  service 
until  they  were  twenty-one,  or  over,  should,  if  they  desire  it, 
be  allowed  to  attend,  tree,  for  a  period  of  three  years;  and  in 
the  Bame  way  iii  other  eases.  They  should  not  merely  be  per- 
mitted, but  invited  caul  welcomed  to  the  public  schools,  free  of 
cost.  I  have  no  doubt  the  next  legislature  will  give  them  the 
legal  right  to  do  so — but  no  legislative  action  ought  to  be  nec- 
essary in  so  plain  a  case  of  duty  and  privilege.* 

7.  Pupils  Under  or  Over  Age. —  I'.y  Bection  thirty-four,  one- 
half  of  the  public  school  fund  is  required  to  be  apportioned 
to  districts  upon  the  attendance  certified  in  the  schedules. 
By  section  forty-eight,  those  only  who  are  between  the  ages 
of  six  and  twenty-one,  and  residents  of  the  district  are  legally 
eligible  to  the  free  schools  of  the  district.  AVithout  doubt  the 
public  money  should  be  apportioned  upon  the  attendance  of 

*  This  expression  of  confidence  was  well-founded  ;  in  the  amendatory  act  of  Feb- 
ruary 28,  L867,  it  is  provided  as  follows  : 

"  Se(  i  i<>\  1.  All  returned  soldiers,  who,  daring  the  late  war.  entered  the  army 
while  in  their  minority,  shaU  be  allowed  to  attend,  free,  any  public  school  in  the 
districts  where  they  severally  reside,  for  a  time  equal  to  the  portion  of  their  mi- 
nority spiiit  in  the  military  service  of  the  United  Stat 


OFFICIAL    AND   JUDICIAL    DECISIONS.  263 

those  pupils  only,  who  are  legally  eligible  to  attend  free. 
Hence,  none  others  should  be  reported  in  the  schedules. 
And  if  persons  under  six  or  over  twenty-one,  or  non-resi- 
dents, are  reported  in  the  schedules  of  the  district,  township 
trustees  and  treasurers  are  forbidden  to  include  such,  or  any 
of  them,  in  the  attendance  upon  which  they  apportion  one- 
half  of  the  public  funds.  The  schedules  themselves,  if  kept 
according  to  law  (§  53)  will  show  if  any  ineligible  pupils  are 
included,  since  both  the  age  and  residence  of  each  pupil  must 
be  given.  If  these  facts  are  not  shown  by  the  schedule,  it 
should  be  rejected  as  illegal,  or  returned  for  correction. 

8.  Duration  of  Permits  of  Transfer. — In  granting  permits  of 
transfer,  under  section  thirty-five,  directors  should  designate 
the  time  that  such  permits  are  to  hold  good.  No  permit  is 
good  for  more  than  one  year,  unless  renewed.  If  the  period  of 
validity  is  not  stated  in  the  permit,  it  will  be  understood  as 
extending  only  to  the  next  ensuing  h^ilf-yearly  distribution  of 
public  school  funds.  The  law  does  not  contemplate  or  author- 
ize the  countermanding  of  permits  of  transfer,  when  legally 
given,  they  remain  good  until  they  expire  by  limitation,  as 
above. 

9.  Leaving  the  School-Room  during  regular  School  Hours. — The 
legal  power  of  school  directors  to  make  and  enforce  an  order, 
forbidding  pupils  to  leave  the  school-room  during  regular 
school  hours,  for  the  purpose  of  taking  music  lessons,  or  any 
other  lessons,  or  for  any  other  purpose,  excepting  in  cases  of 
special  emergency,  is  clear  and  unquestionable.  Such  power 
is  undoubtedly  conferred  by  section  forty-eight  of  the  school 
law,  and  its  possession  is  absolutely  necessary  to  the  success- 
ful management  and  control  of  the  public  schools.  School 
directors  are  not  only  possessed  of  such  power,  but  it  is  in 
most  cases  their  duty  to  exercise  it.  The  idea  of  permitting 
pupils  to  leave  the  school-room  at  will  for  the  purpose  of  attend- 
ing to  any  outside  pursuit  or  engagement,  is  incompatible  with 
that  regularity  of  attendance,  and  order  of  classification  and 
recitation  which  are  indispensable  to  the  success  of  any  public 
school.  Lessons  in  music  and  other  branches  not  customarily 
taught  in  the  public  schools,  are  highly  important  and  proper 
in  themselves,  and  by  no  means  to  be  disparaged.  But  noth- 
ing whatever  (save  providential  or  other  occasional  emergen- 


26  I  OFFICIAL  AND  Jl  DICIAL    DK  [BION8. 

can  l"-  permitted  to  interfere  with  tin;  regular  routine  of 
school  duties.  The  necessity  of  this  is  Belf-evident.  Any 
other  view  would  place  a  public  school  entirely  al  the  mercy 
of  outside  parties.  For,  if  one  Bcholai  may  Leave  al  one  hour 
to  tak<  a  music  lesson,  another  cholar  may  leave  al  another 
hour  for  the  same  purpose;  and  in  the  same  way  for  the  pur- 

I of  taking  lessons  in  penmanship,  book-keeping,  and  a 

variety  of  other  things,  until  pupils  will  be  coming  and  j 

:it  all  hours  of  the  day,  and  the  regular  routine  of  the  Bchool 

be  completely  broken  up. 

1  directors  may,  therefore,  if  they  Bee  lit,  lay  it  down  as  a  rule, 
Unit  no  Bcholar  can  be  permitted  to  Leave  the  Bchool-room 
during  the  regular  Bchool  hours  for  any  such  purpose.  This 
principle  is  grounded  upon  the  duty  of  consulting  the  gr< 
good  of  the  greatest  number.  While  the  public  schools  are 
in  session  their  interests  arc  paramount  over  all  others.  If  a 
conflict  arises  between  the  school  hours  established  by  the  di- 
rectors, and  those  prescribed  by  outside  teachers  of  music,  etc., 
the  hitter  must,  in  all  cases,  yield  to  the  former.  The  interests 
of  the  public  schools  cannot,  and  ought  not,  to  be  compro- 
mised; and  outside  teachers  must,  if  necessary,  change  their 
hours  accordingly. 


OFFICIAL    AND    JUDICIAL    DECISIONS.  265 


VII.     SCHOOL  ELECTIONS. 

1.  Registry  Law. — The  provisions  and  requirements  of  the 
registry  law,  passed  by  the  late  legislature,  and  approved  Febru- 
ary 15,  1865,  apply  to  the  eleetion  of  county  superintendents 
of  schools,  but  not  to  the  election  of  trustees  in  school  town- 
ships ;  nor  to  the  election  of  directors  in  school  districts ;  nor 
to  any  other  school  district  elections.  This  is  clear  from  the 
fact  that  such  elections  as  those  for  school  township  trustees, 
for  school  district  directors,  and  other  school  district  elections, 
are  nowhere  referred  to  in  the  act,  either  in  direct  terms,  or 
by  warrantable  implication — also  from  the  fact  that  the  ma- 
chinery, methods  of  procedure,  and  duties  prescribed  in  the 
act,  are  not  applicable  to  such  elections — and  from  the  further 
fact  that  the  restriction  as  to  the  right  to  vote  contained  in 
section  seven,  of  the  law,  viz  :  "  that  no  vote  shall  be  received 
at  any  state,  county,  town,  or  city  election,"  itself  conclusively  de- 
fines the  character  and  classes  of  elections  to  which  the  law 
was  designed  to  apply.  A  school  township  election  is  cer- 
tainly not  a  "town  election"  within  the  contemplation  of  the 
act.  Other  reasons  equally  conclusive  might  be  given  in  sup- 
port of  this  opinion,  but  it  is  not  necessary.  It  is  clear,  both 
from  the  plain  reading  of  the  act,  and  from  the  well  known 
objects  sought  to  be  accomplished  by  it,  that  the  registry  law 
applies  to  no  school  elections,  but  those  for  county  school 
superintendents.  The  foregoing  decision  is  concurred  in  by 
eminent  legal  authority. 

2.  Notices  for  Elections. — Notices  of  all  township  or  district 
elections  must  be  issued  and  posted  up  at  least  ten  days  pre- 
vious to  the  time  fixed  for  the  election ;  these  notices  for  town- 
ship elections  must  be  issued  by  the  treasurer ;  for  district 
elections,  by  the  directors.  Notices  must  state  the  day  of  the 
election,  the  place  of  voting,  the  hours  of  opening  and  closing 
the  polls,  and  the  questions  to  be  voted  upon.  The  time  for 
election  may  be  in  the  afternoon  or  evening,  during  reasona- 


266  OFFICIAL    \M)   .11  DI<  hi.    i.i.<  [BION8. 

ble  hours,  and  time  unit  be  allowed  for  all  to  rote,  which  is 
determined  by  the  officers  ia  »uing  the  call. 

:;.  "Failun  <<<  Call  Elections  or  Isstu  Notices.-  In  case  of  fail- 
ure of  trustee  to  order  elections  to  fill  vacancies,  or  of  I 
urer  to  issue  notices,  thai  duty  devolves  upon  the  county  super- 
intendent. In  ca  e  of  such  failure  on  the  part  of  directors, 
the  duty  firsl  devolves  upon  the  township  treasurer,  and  next 
upon  the  county  superintendent.  (§§  25  and  12.)  When  the 
time  for  an  election  \%  fixed  by  law,  failue  to  issue  notices  does 
ii<>!  make  void  an  election  held  on  that  day. 

I.     Wailwn  t<>  Hold  Election. —  When  there  was  no  election 
on  the  day  fixed  by  law,  the  trustees  or  directors  (aa  the 
may  require,)  may  issue  notio  quired  by  law,  and  hold 

the  election  on  a  subsequent  Monday.  New  notices  maybe 
issued  and  the  election  held  two  weeks  later,  or  on  any  subse- 
quent Monday.  The  old  officers  arc  not  to  bold  over  till  the 
next  regular  election,  if  a  new  election  can  be  liel<l. 

5.  Election  Held  on  Wrong  Days,  or  Informally. — If  an  elec- 
tion is  actually  held  on  sonic  other  day  than  that  fixed  by  law, 
or  with  some  informality  in  the  election,  and  it  is  ordered  and 
acquiesced  in  by  the  former  officers,  the  acts  of  directors  or 
other  officers  holding  their  offices  under  color  of  right,  are 
valid  so  far  as  third  parties  and  the  public  are  concerned,  until 
the  election  is  legally  contested  and  set  aside.  A  mere  irregu- 
larity in  conducting  an  election,  which  deprives  no  legal  voter 
of  his  vote,  and  does  not  change  the  result,  does  not  invalidate 
an  election.  The  legality  of  an  election  does  not  depend  upon 
the  declaration  of  the  board  of  election  ;  if  such  declaration  is 
withheld,  or  not  made  through  illegal  causes,  the  office  will 
vest  nevertheless,  for  the  authority,  rights  and  powers  of  offi- 
cers are  derived  from  the  election,  and  not  from  the  returns. 
In  contested  elections,  the  intention  of  the  voters  in  casting 
their  ballots  should  control ;  and  effect  must  be  given  to  that 
intention.  (People  ex  rel.  v.  KUduff,  15  III.,  492.  People  ex  ret. 
v.  Matteson,  17  111.,  167.     Piatt  v.  People,  29  III,  72.) 

6.  JuJf/cs  of  School  Elections. — At  a  first  election  in  town- 
ship or  district,  the  voters  present  select  two  judges  and  a  clerk 
from  their  own  number.  Subsequently,  at  township  elections, 
the  trustees  are  judges,  and  in  districts,  the  directors.  In  ab- 
sence of  these,  judges  are  chosen  as  at  first  elections.     Omis- 


OFFICIAL    AND   JUDICIAL    DECISIONS.  267 

sion  to  swear  the  judges  does  not  invalidate  an  election.  Peo- 
ple v.  Hilliard,  29  111.,  423.  If  there  is  a  tie  on  the  question  of 
receiving  a  ballot,  it  must  be  received ;  the  presumption  be- 
ing in  favor  of  the  voter.  A  plurality  vote  elects ;  a  tie  vote 
for  trustee  or  director  is  decided  by  lot  by  the  judges  on  the 
day  of  election.  In  all  votes  upon  questions,  a  majority  de- 
cides; and  in  case  of  a  tie  thereon,  the  proposition  is  lost. 
The  judges  of  election  certify  the  poll  book,  and  file  it,  for  a 
township  election,  with  the  county  superintendent,  and  for  a 
district  election,  with  the  treasurer.     (§§  26  and  42.) 

7.  Adjournment  of  Election. — School  elections  may  be  post- 
poned or  adjourned :  1.  On  account  of  the  small  attendance 
of  voters.  2.  Because  the  legal  notices  have  not  been  given. 
3.  On  the  request  of  a  majority  of  the  voters  present.  But  in 
case  of  postponement  it  is  necessary,  1.  That  the  judges,  be- 
fore adjourning  the  election,  organize  themselves  into  an  elec- 
tion board.  2.  That  the  adjournment  be  ordered  by  the  judges, 
and  not  by  the  people  present.  3.  That  a  notice  of  the  ad- 
journment be  written  and  posted  up  at  the  appointed  place  for 
election.  Unless  these  conditions  are  complied  with,  the  post- 
ponement of  a  school  election  amounts  to  nothing,  and  an 
election  held  the  same  day,  within  the  time  required  by  law, 
or  designated  in  the  notices,  by  a  sufficient  number  of  in- 
habitants, qualified  to  vote,  and  organized  into  a  regular  board 
of  election,  will  be  legal  and  valid ;  and  the  persons  so  elected, 
will  hold  their  respective  offices,  notwithstanding  the  informal 
postponement.  A  subsequent  election,  held  in  pursuance  of 
such  improper  adjournment,  will  not  be  valid,  the  power  of 
the  voters,  in  the  premises,  having  been  exhausted  at  the  regu- 
lar election  as  aforesaid.  (People  v.  Brewer,  20  III.,  474.  School 
Law,  §§  25,  42.) 

8.  Other  District  Elections. — In  case  directors  fail  to  order 
any  regular  or  special  election  for  directors,  the  law  provides  a 
remedy.  (§§  25  and  42.)  *But  the  notices  of  all  other  district 
elections,  such  as  to  extend  the  term  of  schools,  to  build  school- 
houses,  etc.,  can  be  given  by  the  directors  only.  Unless  a 
majority  of  the  directors  concur  in  giving  notice  and  calling 
such  elections,  the  law  prescribes  no  means  of  voting  on  such 
questions.  No  other  officers  are  authorized  to  order  district 
elections  except  for  directors. 


268  01  i  [01  \i.    and   .M  DICIAL    DECISIONS. 

'.'.  /''//■./  Election  ,  Fir  I  electione  in  incorporated  town- 
Bhips  may  be  held  on  any  Monday,  notice  being  given  by  the 
tru  tee  il  there  are  any,  if  not,  by  the  clerk  of  the  county 
oourt.     I''n  i  electione  in  Bchool  districts  may  be  held  on  any 

M lay,  notice  beinggiven  bj  the  township  treasurer.     (1    25 

and  i-'.) 

in.  Manner  of  Contesting. — Where  a  person  is  in  any  school 
office  by  color  of  right,  and  exercising  the  duties  thereof,  a 
quo  warranto  is  the  proper  remedy  for  another  person  claiming 
the  same  office,  and  nol  a  mandamus.  A  quo  warranto  is  the 
proper  writ  to  try  the  question  of  title  to  an  office.  A  pro- 
ceeding by  quo  warranto  musl  be  carried  on  in  the  name  ol  the 
people.  But  to  restrain  b  board  of  trustees  or  directors  from 
doing  an  illegal  or  wrong  act,  or  an  ad  believed  to  be  illegal 
or  improper,  a  wril  of  injunction  is  the  proper  remedy.  (15 
III.,  50%.  Scales'  Comp.,  472.  The  Peopl  v.  Forquer,  R 
104.  Th\  People  v.  Matteson,  17  111.,  107.  ColUm  v.  Hanchett, 
13  7//..  615.) 

11.  Eligibility  of  Voters  <nul  Officers.— IS o  person  can  law- 
fully vote  at  any  school  election  unless  he  is  a  citizen  of  the 
Onited  States ;  has  resided  in  the  state  one  year  next  preced- 
ing such  election,  and  thirty  days  in  the  school  district  or  t<>\vn- 
Bhip  in  which  the  election  is  held.  -Any  white  person  posi 
in^  the  above  qualifications,  if  of  lawful  age,  may  vote  at  any 
pchool  election,  except  district  elections  on  the  question  of 
raising  money,  in  which  case  he  must,  in  addition  to  the  al 
have  paid  a  tax  in  said  district  the  preceding  year,  or  have 
been  assessed  in  such  district  for  the  year  in  which  such  elec- 
tion is  held.  No  person  can  be  elected  to  any  school  office 
who  is  not  a  citizen  of  the  United  States,  and  who  shall  not 
have  resided  in  this  state  one  year  next  before  his  election, 
and  who  is  not  a  resident  of  the  proper  district  or  township. 
{Constitution  of  HI,  art.  6,  §§  1  and  7.  School  Lav,  §§  27,  28, 
42.)  The  law  does  not  make  ability  to  read  and  write  a  test 
of  eligibility  to  school  offices.  The  good  sense  of  the  people 
must  be  relied  upon  to  prevent  the  election  of  such  men  to 
such  positions.  The  best  and  most  intelligent  men  should  be 
chosen  for  all  educational  offices. 

12.  Evidence  of  Election. — The  poll  book,  with  certificate  of 
judges  thereon,  is  the  proper  legal  evidence  of  the  election  of 


OFFICIAL    AND    JUDICIAL    DECISIONS.  269 

a  school  officer;  and  said  poll  book  and  certificate  should  be 
returned  to  the  proper  officer  immediately  after  every  school 
election.  All  voting  at  school  elections,  for  officers,  should  be 
by  ballot.     (Const,  of  III.,  art.  6,  §  2.     School  Law  §§  30,  42.) 

13.  Must  be  Held  on  Monday. — All  elections  for  school  trust- 
ees and  directors,  must  be  held  on  some  Monday.  This  applies 
both  to  stated  annual  elections,  and  special  elections  to  fill  va- 
cancies. But  all  other  district  and  township  elections  may  be 
held  on  any  day  of  the  week; 'such  as  to  vote  on  borrowing 
money  to  build  school-houses,  to  locate  school  sites,  to  extend 
terms  of  schools,  etc.  The  election  of  officers  is  the  only 
school  election  that  the  law  requires  shall  be  ou  Monday. 
(§§  25  and  42.) 

14.  Elections  in  New  Districts. — "When  two  districts  are 
formed,  by  division,  out  of  one,  each  district,  having  different 
territory  and  a  different  voting  population  from  what  it  had 
before,  is  to  be  regarded  as  a  new  district,  and  should  there- 
fore elect  a  new  board  of  directors,  who  should  draw  lots  for 
their  respective  terms  of  office,  as  in  case  of  an  original  organ- 
ization. The  same  should  be  done,  and  for  the  same  reasons, 
when  a  new  district  is  formed  by  the  consolidation  of  two  or 
more  districts,  except  when  the  consolidation  is  made  by  the 
directors,  under  section  thirty-five,  in  which  case  the  first 
new  board  is  filled  by  appointment,  instead  of  election.  If  two 
districts  are  consolidated  by  the  trustees,  and  the  number  and 
designation  of  one  of  the  districts  is  retained  as  the  number 
and  designation  of  the  new  district,  a  new  board  of  directors 
should  nevertheless  be  elected.  The  voting  population  being 
changed  by  the  consolidation,  the  question  of  who  shall  be  di- 
rectors of  the  new  district  should,  of  right,  be  referred  back 
to  the  people. 

15.  Rejection  of  Votes. — Any  judge  or  clerk  of  a  school  elec- 
tion who  shall  knowingly  admit  any  person  to  vote  who  is  not 
qualified  by  law,  is  liable  to  punishment  by  fine,  etc.  But 
when  a  vote  is  tendered,  and  the  voter,  being  challenged,  com- 
plies with  the  requirements  of  the  law  in  such  cases  made  and 
provided,  the  judges  have  no  discretion,  but  must  receive  the 
vote,  unless  it  is  proven,  to  the  satisfaction  of  a  majority  of 
the  judges,  that  the  voter  has  sworn  falsely.  (Spragins  v. 
Houghton,  2  Scam.,  408.) 


Mil  |.|  \i,    \M»    JVDI01  LI    DEOI8I1 

10,     /,"//,/.  Ballots.     Where  an  election  is  held  to  vote  on 
several  'I-  ignated  propositions,  and  some  of  the  ballol 
I. lank  in  reaped  to  one  or  more  of    aid  propositions,  it  is  held 
1 1  * ; *  t  said  blank  ballots  Bhould  not  bi  counted  against  Baid  one  or 
more  propositions.     Thus,  if  the  propositions  before  the  meet- 
,-,.;  to  levyatai  to  extend  Bchools,  and  to  enlarge  the 
school  bouse,  (both  propositions  being  voted  on  al  the  same 
time)    and  if,  fifteen  voters  being  present,  it  i-  found  thai  eight 
of  the  ballots  are  for  the  tax,  arid  seven  against— while  bul 
ballots  are  for  enlargement,  and  four  against,  five  of  the  bal- 
lots being  silent  or  blank  in  respeel  to  enlargement,  both  pi 
sitions  are  to  be  considered  a.     arried,  each  having 
"a  majority  of  all  the  votes  cast"  as  required  by  Bection  I 
eight.     In  other  words,  blank  ballots  in  Bchool  elections  are 
not  to  be  counted  a1  all.     I  am  aware  that  there  i-  a  different 
opinion  upon  this  point,  but  the  rule  above  given  is  beli< 
t,,  conform  more  closely  to  tin'  language  and  meaning  of  the 
Bchool  law,  to  the  interests  of  schools,  and  to  common  sense. 
It  Bimply  requires  a  man  who  is  opposed  to  a  proposition,  to 
say  so,  by  his  ballot,  and  refuses  to  allow  a  proposition  to  be 
either  adopted  or  defeated  by  blank  pieces  of  paper. 

17.  Ballots  should  Specify. — When  two  trustees,  or  dired 
are  to  he  chosen  at  an  election,  one  to  fill  a  vacancy  and  the 
other  for  a  full  term,  or  otherwise,  as  the  case  may  he,  the 
hallots  should  always  specify  the  full  term  or  vacancy,  as  the 
case  may  he,  which  the  candidate  voted  for  is  to  fill.  Thus: 
"For  trustee,  (or  director,)  for  full  term,  Richard  Roe."  "For 
trustee,  (or  director,)  to  fill  vacancy,  John  Doe,"  etc.  But  if 
the  respective  terms  of  office  are  not  so  designated  in  the  hal- 
lots, then  the  same  must  be  determined  by  the  persons  elected, 
by  lot,  on  the  day  of  election. 

18.  Loss  of  Poll  Book. — When  an  election  is  held  on  the 
day  and  in  the  manner  required  by  law,  and  none  of  the  facts 
that  should  appear  of  record  are  at  all  in  question,  the  loss  of 
the  poll  book,  accidentally  or  otherwise,  does  not  invalidate 
the  election.  It  is  simply  a  case  of  lost  record,  which  may  be 
cured  by  the  affidavit  of  the  judges  and  clerk,  filed  with  the 
proper  officers,  setting  forth  the  material  facts,  with  the  names 
of  the  persons  elected,  etc.  The  records  of  the  district  or 
township  should  also  show  the  essential  facts,  of  such  election. 


OFFICIAL   AND   JUDICIAL    DECISIONS.  271 

19.  Province  of  County  Superintendent  in  Township  and  Dis- 
trict Elections. — When  by  the  failure  of  the  proper  officers  to 
order  township  or  district  elections,  (§§  25,  42,)  the  duty  de- 
volves upon  the  county  superintendent,  all  that  is  required  of 
him  is  to  cause  the  requisite  notices  to  be  posted  up  in  the 
manner  and  places  prescribed  by  law.  The  election  will  then 
be  held  and  conducted  in  the  usual  way,  and  by  the  officers  or 
persons  prescribed  in  the  act — no  further  service  in  the  prem- 
ises is  required  of  the  county  superintendent,  who  is  entitled 
therefor  to  compensation  at  the  rate  provided  in  section  seventy- 
one  of  the  act. 

20.  Qualifications  of  Officers,  etc. — The  judges  and  clerks  in 
school  elections  should  be  sworn.  (School  Law,  §  27.  Seates' 
Comp.,  466.)  But,  as  elsewhere  stated,  it  is  held  that  omission 
to  swear  them  does  not,  of  itself,  invalidate  the  election. 
Oaths  may  be  administered  to  the  officers  of  school  elections 
by  any  judge,  justice  of  the  peace,  notary  public,  county  or 
circuit  clerk,  or  any  other  person  duly  authorized  by  law  to 
administer  oaths  or  affirmations.  A  supervisor  is  not  author- 
ized to  administer  oaths  to  said  election  officers.  (Toumship 
Organization  Laws,  §  6,  art.  8,  and  art.  9.)  And  if  no  such 
authorized  person  is  present  at  the  opening  of  the  election,  the 
judges  thereof  may  administer  the  oaths  or  affirmations  to 
each  other,  and  to  the  clerks  of  the  election;  and  the  person 
administering  the  same  should  cause  an  entry  thereof  to  be 
made  and  subscribed  by  him,  and  prefixed  to  the  poll  books. 
(Scales'  Comp.,  467.)  The  school  law  does  not  require  trustees 
and  directors  to  be  sworn  before  entering  upon  their  duties, 
nor  is  there  any  officer  or  person  designated  in  the  act,  or 
authorized,  to  administer  official  oaths  to  said  school  officers. 

21.  Questions  May  be  Voted  on  a  Second  Time,  etc.  —  An 
election  for  a  school  officer  is  final.  The  law  provides  for  but 
one  such  election  a  year  in  each  township  or  district,  except 
in  case  of  vacancy,  etc.  But  it  is  held  that  no  such  limitation 
necessarily  applies  to  voting  upon  school  questions,  such  as  ex- 
tending schools,  borrowing  money,  choosing  sites,  etc.  The 
only  restriction  (§  48)  is  that  ten  days'  notice  must  be  given 
as  required  by  section  forty-two.  Take  the  case  of  a  school 
site,  for  instance:  One  may  be  chosen  without  due  delibera- 
tion—or in  ignorance  of  important  facts  in  regard  to  title,  etc.; 


272  "I  l  [<  IAL    AM)    .M  DIOl  IL    DEI  I    I 

or  when  bul  a  very  few  raters  were  or  could  I"-  present;  or 
it  maj  afterwards  be  determined  to  divide  or  enlarge  the 
district,  rendering  the  site  chosen  inconvenient;  other 

and  more  eligible  Bite,  and  al   less  co  t,  maj  tently  be 

rod;     these  and  many  other  equally  Btrong  n  may 

make  il  plainlj  for  the  interesl  of  ;i  district  to  re<  r  the 

action  taken,  and  to  call  another  meeting  for  that  pur] 
and  ii  ia  held  thai  it  may  legally  be  done,  by  the  directors, 
upon  proper  notice  as  aforesaid.  The  inhabitants  Bhonld  have 
the  largest  liberty  in  Buch  matters,  compatible  with  the  rights 
of  others,  and  their  rights  in  the  premises  are  no!  restricted 
ther  the  letter  or  spiril  of  tin-  law.  If  a  former  vote  is 
reconsidered  or  rescinded,  il  must,  however,  he  done  before 
expenses  arc  incurred  by,  or  rights  accrue  to,  other  parties 
under  the  original  vote.  And  if  another  meeting  is  called,  it 
musl  be  by  the  directors,  by  whom  all  notices  of  district  elec- 
tions musri  be  issued.  (§  42.)  The  directors  have  discretion 
in  Buch  cases— they  cannot  he  compelled  to  call  another  meet- 
ing. But  they  arc  clearly  empowered  to  do  so,  and  Bhould  not 
decline  to  issue  the  notices  when  it  is  the  wish  or  request  of  a 
majority  of  the  inhabitants  of  the  district. 

22.  Not  to  Hold  Over. — Jt  is  clearly  the  intention  of  the  law 
[§  \1)  that  school  directors  shall  not  hold  over  beyond  the 
time  for  which  they  were  respectively  elected.  To  this  end  pro- 
vision is  made  for  ordering  elections  by  other  officers,  when 
the  duty  is  not  performed  by  those  upon  whom  it  primarily  de- 
volves. Hence,  if  when  the  tefln  of  a  director  regularly  expires, 
a  successor  is  not  elected,  a  special  election  must  be  called. 
And.  if  said  director  should  continue  in  office  until  the  next 
regular  election,  his  place  must  then  be  filled.  In  that  case 
two  directors  must  be  elected, — one  for  two  years,  to  till  the 
place  of  the  director  whose  term  expired  the  preceding  August ; 
the  other,  for  three  years,  to  fill  the  place  of  the  director  whose 
term  then  regularly  expires.  Default  in  electing  a  successor  at 
the  proper  time,  does  not  authorize  a  director  to  hold  over  an- 
other full  term  of  three  years,  if  an  election  can  be  sooner  had. 

23.  In.  Case  of  a  Tie. — If  an  election  for  school  trustee  or 
director  results  in  a  tie,  it  must  be  decided  by  the  judges,  by 
lot,  on  the  day  of  election.  (§§  28  and  42.)  It  is  illegal,  in 
such  cases,  to  open  the  polls  again  and  take  another  ballot.     If 


OFFICIAL   AND    JUDICIAL    DECISIONS.  273 

in  a  school  election  there  are  several  candidates,  of  whom  two 
receive  each  the  same,  and  the  highest,  number  of  votes,  it  is 
held  that  there  is  "a  tie,"  within  the  meaning  of  the  forty- 
second  section  of  the  act,  upon  that  point,  and  that  the  choice 
must  therefore  be  determined  "  by  lot "  on  the  day  of  election. 

24.  Effect  of  a  Vote  to  Build  a  School-House. — In  all  school 
elections  had  for  the  purpose  of  voting  on  the  question  of 
building  a  school-house,  every  material  point  and  proposition 
should  be  stated  in  the  notices  calling  the  election,  so  that 
the  voters  may  act  understandingly.  Among  the  points  to 
be  clearly  set  forth  are,  the  maximum  cost  of  the  proposed 
house ;  the  rate  of  tax  to  be  levied,  etc.  And  if  it  is  pro- 
posed to  borrow  money,  that  fact  should  also  be  clearly  stated. 
The  ballots  should  clearly  embody  the  several  propositions 
named  in  the  call,  so  that  there  may  be  no  doubt  of  the  inten- 
tion of  the  voters,  or  of  the  legality  of  the  action  that  may  be 
taken  by  the  directors.  But  if  the  notices  merely  state,  in 
general  terms,  that  the  object  of  the  election  is  to  vote  for  or 
against  authorizing  the  directors  to  build  a  new  school-house, 
and  a  clear  majority  is  in  favor  of  buildiug,  it  is  held  that  the 
directors  are  thereby  empowered  to  take  the  necessary  steps 
to  carry  out,  in  their  best  discretion,  the  wishes  of  the  inhabit- 
ants of  the  district,  subject  to  the  restrictions  of  the  law,  (§  47,) 
in  respect  to  the  amount  of  money  that  may  be  borrowed,  and 
of  tax  that  may  be  levied. 

25.  Not  Invalidated  in  Certain  Cases. — It  is  held  that  a  school 
election  is  not  invalidated  by  the  mere  fact  that  certain  names 
of  voters  were  recorded  in  the  poll  book  by  a  person  other 
than  the  regularly  appointed  clerk.  The  tenor  of  the  ruling 
in  the  case  of  Piatt  v.  The  People,  29  III.,  72,  favors  this  view 
of  the  case.  The  presumption  would  be  that  the  names  were 
properly  recorded,  although  by  another  hand,  and  it  would 
devolve  upon  the  contestant  to  show  that  names  of  persons 
not  voting  were  recorded,  or  that  names  of  voters  were  omit- 
ted, or  that  other  errors  occurred  whereby  voters  were  deprived 
of  their  rights,  and  the  result  of  the  election  changed.  In  the 
absence  of  such  proof  the  simple  fact  of  the  entry  of  names 
by  another  hand,  would  not,  ipso  facto,  invalidate  the  election. 

26.  May  Build  on  Old  Site. — If  an  election  is  called  to  vote 
on  the  question  of  building  a  new  school-house,  nothing  being 

18 


J7  I  "I  FIOIAL    AND    ■"  DI<  I  \L    DECISIONS. 

lid  in  the  ooticee  abort  a  change  of  site,  and  :i  majorit 
the  \  in  favor  of  building,  the  director!  may  law- 

fully proceed  to  build  opon  the  old  site.     In  such  cases  the 
imption  ia  that  no  change  of  site  ia  desired  by  the  people. 

27,      What   Conrtitute*  »    \'«<<r   on  the   Que$tion   ,,j    Bat 

It  ie  provided  in. section  forty-two  of  the  act,  that 
"  no  person  shall  be  entitled  to  vote  at  any  district  election, 
on  the  question  of  raising  money,  unless  he  shall  have  resided 
in  th<'  district  at  least  thirty  days  immediately  preceding  Baid 
election,  nor  unless  he  .-hall  have  paid  b  tax  in  Baid  district 
the  preceding  year,  or  shall  have  been  ae  essed  in  Baid  dis- 
trict for  the  yeaT  in  which  Buch  election  is  held." 

The  object  of  this  provision  is  to  protect  the  actual  residents 
and  tax-payers  of  Bchool  districta  from  the  imposition  of  un- 
reasonable taxes  upon  their  property,  by  the  votes  of  chance 
or  transient  residents,  or  other  irresponsible  persons,  who  may 
happen  to  be  temporarily  in  the  district,  and  who  have  no  real 
or  permanent  interests  in  the  schools  and  school  affairs  of 
the  district.  It  is  important  that  the  meaning  of  the  statute 
on  this  point  should  be  clearly  understood,  bo  that  the  benefits 
of  the  provision  may  he  realized,  while  at  the  Bame  time  no 
injustice  ia  done.  I  remark,  then,  that  the  residence  of  the 
voter  must  he  bona  fide,  and,  in  addition,  he  must  either  have 
been  assessed  in  the  district  during  the  year,  or  he  must  have 
paid  some  public  tax  in  the  district  within  the  year  preceding 
the  election.  The  tax  must,  of  course,  be  one  levied  by  au- 
thority of  law;  but  the  statute  makes  no  distinction  as  to 
whether  said  tax  wTas  one  levied  on  realty  or  personalty. 
Nor  is  it  material  whether  it  was  for  state,  count}*,  or  munici- 
pal purposes;  a  road  tax,  or  school  tax,  would  be  sufficient. 
Some  have  supposed  that  the  word  "assessed"  defines  and 
limits  the  word  "tax"  in  this  clause,  restricting  the  meaning 
to  real  and  personal  property.  But  it  is  held  that  there  are  no 
satisfactory  grounds  for  such  a  restriction.  Any  tax  imposed 
or  levied,  and  required  to  be  paid,  by  proper  public  authority, 
under  the  laws  of  this  state,  is  "assessed"  to  all  intents  and 
purposes.  The  payment  of  an  income  or  revenue  tax,  or  of 
any  other  tax  imposed  by  the  national  government,  does  not, 
of  course,  fall  within  the  meaning  of  the  clause,  and  would 
not,  of  itself,  constitute  the  person  a  voter.     It  must  be  a  tax 


OFFICIAL   AND   JUDICIAL    DECISIONS.  275 

paid  or  levied  under  some  general  or  municipal  law  of  this 
state.  This  clause  being  restrictive  of  the  right  of  citizens 
to  vote,  must  be  construed  liberally  in  their  favor. 

28.  A  Second  Ballot  cannot  be  taken  at  the  same  Election. — 
When,  at  any  election  in  a  school  township  or  district,  a  ballot 
is  regularly  taken  and  the  result  announced,  said  ballot  is  con- 
clusive and  final.  Another  ballot,  at  the  same  meeting,  can- 
not be  had,  either  to  gratify  disappointed  and  dissatisfied 
voters,  or  for  any  other  reason.  The  moment  the  balloting  is 
concluded,  the  powers  of  the  voters,  at  that  election,  are  ex- 
hausted.    A  second  ballot,  if  taken,  would  be  illegal  and  void. 

29.  Questions  of  liaising  Money  to  be  Voted  on  Separately. — 
Section  forty-two  provides  that  "no  person  shall  be  entitled  to 
vote  at  any  district,  election  on  the  question  of  raising  money, 
unless  he  shall  have  resided  in  the  district  at  least  thirty  days 
immediately  preceding  said  election,  nor  unless  he  shall  have 
paid  a  tax  in  said  district  the  preceding  year,  or  shall  have 
been  assessed  in  such  district  for  the  year  in  which  such  elec- 
tion is  held."  On  all  other  questions  the  qualifications  of 
voters  at  school  district  elections  are  the  same  as  those  re- 
quired at  general  elections.  Questions  involving  the  raising 
of  money,  should  not,  therefore,  be  voted  on  at  the  same  time 
and  by  the  same  ballot  with  other  questions,  because  different 
qualifications  are  required  of  the  voters,  and  hence  the  judges 
must  observe  different  rules  in  respect  to  the  admission  of 
votes  in  the  two  classes  of  questions.  All  questions  concern- 
ing the  raising  of  money  should  therefore  be  voted  on  sepa- 
rately. 

30.  Taxes  for  Building — Poivers  of  Voters  and  Directors. — 
Where  a  costly  school-house  is  to  be  built,  it  is  generally  best 
to  extend  the  tax  over  several  years,  so  that  the  assessment  of 
no  one  year  may  be  too  burdensome.  If  a  specific  tax  is  voted 
for  one  year  only,  the  directors  cannot  levy  another  tax  with- 
out another  vote;  but  the  people  may,  by  vote,  authorize  the 
directors  to  levy  a  certain  rate  annually,  for  a  definite  number 
of  years,  or  until  the  house  is  paid  for,  in  which  cafe  the  di- 
rectors, or  their  successors,  may  go  on  from  year  to  year  and 
levy  the  specified  tax,  without  another  vote.  But  the  rate  can 
in  no  case  exceed  the  maximum  (three  per  cent.)  allowed  by 
law.     (§  47.) 


OFFICIAL    AM)    .11    DKIAL    DI-X'ISIONH. 

81,  May  be  called  by  one  Director  in  certain  cases. —  Vacancies 
in  boarde  of  directors  are  required  (§  42)  to  be  filled  "withoul 
delay."  The  boards  should  be  kepi  full,  and  the  statute  <li- 
i, ,  i  -  in.w  it  shall  be  done.  Much  injury  may  result  from  there 
being  no  quorum  in  a  board  of  directors,  even  for  ashori  time. 
I  le  i  ice,  when  two  vacancies  occur  a!  tin-  same  time,  an  election 
to  mi  them  may  l>c  ordered  by  the  remaining  director;  and  if 
,,nc  vacancy  occurs,  and  one  of  tin'  two  remaining  directors  is 
absenl  from  the  district,  a  special  election  to  fill  the  vacancy 
may  I"'  ordered  by  the  other  director,  and  the  election  so  held 
would  be  valid.  "When  vacancies  occur,  the  remaining  di- 
rector or  directors,  shall,  without  delay,  order  an  flection  to 
till  Mich  vacancies."     (School  Law,  L865,  §  12.) 

82.  Vote  to  Build,  and  for  School  SiU  .—A  vote  on  the  question 
of  a  tax  to  build  a  school-house,  may  be  hud  either  before  or  after 
the  site  is  chosen.  The  two  questions  are  separate  and  inde- 
pendent of  each  ether,  and  need  not  necessarily  be  both  voted 
on  at  tin-  same  time.  The  people  of"  a  district  may  beeome  sat- 
isfied that  a  new  sehool-house  is  required  before  they  are  pre- 
pared to  decide  upon  the  site,  and  they  may  at  once  vote  on  that 
question  and  levy  a  tax  to  build,  leaving  the  choice  of  a  site  to 
be  determined  afterwards.  The  site  may  be  selected  at  any 
time  before  the  building  is  commenced.  It  is  not  only  legal, 
but  quite  customary  for  a  district  to  commence  by  taxation,  the 
accumulation  of  a  building  fund,  before  the  site  is  chosen. 

33.  Voting  Governed  by  Terms  of  Call. — By  section  forty- 
seven,  no  tax  can  be  levied  for  building  purposes,  without  a 
vote  of  the  people;  by  section  forty-eight,  "a  majority  of  the 
votes  cast,"  is  necessary  to  authorize  the  directors  to  act.  But 
the  said  majority  of  votes  must  be  for  the  particular  proposi- 
tion or  propositions  named  in  the  notice  or  call  for  the  meet- 
ing. Matters  or  questions  not  specified  or  included  in  the  call, 
cannot  be  acted  upon.  If  a  meeting  is  called,  for  example, 
for  the  sole  purpose  of  voting  for  or  against  extending  the 
term  of  school  beyond  six  months,  it  would  not  be  legal  to 
vote  at  that  meeting,  on  the  selection  of  a  school  site.  etc. 
Or  if  an  election  is  ordered  to  vote  for  or  against  a  particular 
rate  per  cent,  of  tax  for  school  purposes,  or  to  raise  a  cer- 
tain specified  sum  for  building  a  school-house,  etc.;  it  would 
not  be  legal   to  vote,  at  such   meeting,  for  a  different  rate  or 


OFFICIAL   AND   JUDICIAL    DECISIONS.  277 

sum,  either  more  or  less.  The  voting  must  be  confined  to 
the  particular  rates  or  amounts  specified  in  the  call.  If  the 
people  desire  to  vote  upon  other  propositions  or  questions, 
another  meeting  must  be  regularly  called  for  the  purpose.  If 
a  proposition  not  embraced  in  the  notice  should  receive  a  ma- 
jority of  all  the  votes  cast,  such  proposition  is  not  legally 
adopted,  simply  because  it  was  not  before  the  meeting.  Sup- 
pose, for  instance,  that  the  directors  call  a  meeting  to  vote 
on  the  question  of  raising  by  taxation,  the  specific  sum  of 
three  thousand  dollars  to  build  a  school-house,  and  when  the 
ballots  are  counted  it  appears  that  ten  are  for  a  tax  of  three 
thousand  dollars,  and  fifteen  are  for  a  tax  of  twelve  hundred 
dollars.'  How  stands  the  case?  Is  the  proposition  of  the 
directors  to  raise  three  thousand  dollars  adopted  ?  No.  "Why  ? 
Because  it  did  not  receive  "a  majority  of  all  the  votes  cast." 
Is  the  proposition  to  raise  twelve  hundred  dollars  adopted? 
No.  "Why?  Because  that  proposition  was  not  legally  before 
the  meeting.  Each  ballot  should  have  read:  "For  a  tax  of 
three  thousand  dollars,"  or,  "Against  a  tax  of  three  thou- 
sand dollars."  The  proposition  to  raise  three  thousand  dol- 
lars is  defeated,  but  the  other  proposition  is  not  adopted, 
not  being  properly  before  the  meeting;  and  another  election 
must  be  called  and  another  vote  taken,  before  the  directors 
can  act.  This  principle  is  very  plain,  and  can  readily  be  ap- 
plied to  all  the  various  cases  that  may  arise. 

34.  Failure  to  Elect  Directors. — The  mode  of  electing  di- 
rectors is  clearly  pointed  out  in  the  forty-second  section  of 
the  act,  and  every  probable  contingency  provided  against. 
But  the  law  cannot  force  voters  to  the  polls.  If  notices  are 
posted  but  the  people  disregard  them  and  no  election  can  be 
had  for  lack  of  voters,  there  is  no  remedy.  Against  such  a 
contingency  the  law  has  no  provision.  If  a  district  is  left 
without  a  quorum  of  directors,  and  all  efforts  to  fill  the  va- 
cancies fail,  the  legal  existence  of  the  district  ceases ;  for  there 
cannot  be  a  legal  public  school  in  a  district  having  no  board 
of  directors.  Neither  the  state  nor  county  superintendent  has 
any  power  to  appoint  directors — the  people  must  elect  them, 
and  if  they  will  not,  or  do  not,  there  is  no  remedy. 

35.  Notices,  Where  Posted. — In  all  disfrict  elections,  the  no- 
tices are  required  (§  42)  to  be  posted  in  at  least  three  of  the 


278  OFFICIAL    and   JUDICIAL    DE(  [SI< 

in.,. i  public  places  m  the  district.  The  objed  of  this  require- 
menl  of  the  tit  lit.-  i  to  ecu  re  the  greatest  practicable  pub- 
licity, so  that  all  voters  may  be  duly  informed.  If  it  i  believed 
thai  tlii-  objed  will  i>c  better  attained  by  posting  the  notices 
in  place    of  general  resort,  inch  as  the  post-office  or  court- 

e,  which  are  close  to,  bul  just  outside  of,  the  boundaries 
of  tli*-  district,  and  if  the  election  is  held  in  accordance  with 
such  notices,  and  no  voter  claims  thai  he  was  thereby  depi 
of  bis  vote  -it  is  1 1 < •  1  <  1  thai  the  election  would  !"•  legal. 
86.     Voting  to   Extend  the   Term  "/  School.—  If  notices  are 

id  by  :i  board  of  directors  for  a  meeting  to  vote  for  or 
against  levying  a  t;i\  to  extend  the  term  of  Bchool  a  certain 

Bed  number  of  months,  it  is  illegal  t<>  change  the  number 
of  months  to  be  voted  on,  after  the  voters  assemble.  The 
precise  time  specified  in  the  notices  mus1  be  voted  on.  This 
is  required  by  good  faith.  It  is  the  object  of  the  notices  to 
inform  the  people  of  the  particular  propositions  to  be  voted 
upon,  so  thai  they  may  govern  themselves  accordingly.  If  a 
number  of  months  either  greater  <>r  less  than  that  stated  in 
the  call,  LS  voted  on,  the  election  is  void,  and  another  musl 
be  held. 

•".7.  Voters  in  Specially  Incorporated  School  Districts.  —  The 
courts  have  decided  thai  when  a  city  or  incorporated  town  is, 
by  act  of  the  legislature,  created  and  constituted  a  special 
school  district,  with  the  powers  and  authority  necessary  to 
manage  and  carry  on  its  school  affairs  in  accordance  with  its 
own  by-laws  and  ordinances,  the  voters  of  such  city  or  town 
have  no  right  to  vote  on  school  questions  outside  of  the  city 
limits.  Thus,  the  schools  of  the  city  of  Springfield,  for  in- 
stance, are  managed  by  a  board  of  education,  in  accordance 
with  the  provisions  of  the  charter,  and  with  the  rules  and 
regulations  prescribed  by  the  city  council— the  city  is  a  spe- 
cially incorporated  school  district,  so  far  as  its  educational 
affairs  are  concerned.  But  the  city  is  at  the  same  time  within 
the  territorial  limits  of,  and  a  part  of,  a  certain  congressional 
township,  (15  X.  5  W.)  In  this  state  of  facts,  two  questions 
arise:  1.  Can  the  legal  voters  of  Springfield  vote  for  school 
trustees  of  the  township  in  which  the  city  is  situated  I  2.  Can 
a  citizen  of  Springfield  he  elected  school  trustee  of  the  town- 
ship, or  appointed   treasurer  thereof?     The  first  question  is 


•OFFICIAL   AND   JUDICIAL    DECISIONS.  279 

answered  in  the  negative  by  the  judicial  decision  above  re- 
ferred to — the  citizens  cannot  vote  on  school  questions  outside 
of  the  city  limits.  Their  right  to  be  regarded  as  a  part  of  the 
body  politic  of  the  township  at  large,  is  negatived  by  the  spe- 
cial corporate  powers  and  privileges  conferred  by  the  private 
law  or  charter.  But  does  it  follow  that  because  a  citizen  of 
the  specially  incorporated  school  district  of  Springfield  cannot 
vote  for  school  trustees  of  the  township  in  which  the  city  is, 
he  is  therefor  ineligible  to  the  office  of  trustee,  or  treasurer,  in 
said  school  township  ?  I  think  not.  The  conditions  of  com- 
petency to  vote  for  an  officer,  and  to  be  chosen  as  such  officer, 
are  not  necessarily  identical.  A  man  may  be  a  competent 
voter,  and  at  the  same  time  ineligible  as  a  candidate,  and  vice 
versa.  Or,  to  apply  the  principle,  while  a  citizen  of  Spring- 
field cannot  take  part  in  the  election  of  township  school  trust- 
ees, he  may  be  legally  elected  to  the  office  of  township  trustee. 
He  is  a  resident  of  the  toivnship,  as  much  so  as  any  inhabitant 
thereof  living  outside  of  the  city  limits,  and  the  school  law 
imposes  no  other  special  condition  of  eligibility  to  the  trustee- 
ship. The  statute  nowhere  says  that  a  school  trustee  or 
treasurer  shall  not  be  a  resident  of  a  city  or  incorporated 
town,  but  only,  that  he  must  be  a  resident  of  the  township. 
(§  42.)  Moreover,  the  before  mentioned  decision  of  the  court 
being  restrictive  of  the  ordinary  rights  of  the  inhabitants  of  a 
township,  should  be  strictly  construed.  It  is  inhibitive  only  of 
the  right  of  voting,  not  of  being  voted  for,  and  should  not  be 
allowed  to  embrace  any  matters  not  expressly  designated 
therein.  Unless,  therefore,  there  is  some  statute  or  judicial 
decision,  expressly  forbidding  a  citizen  of  a  specially  incor- 
porated school  district  to  hold  the  office  of  township  school 
trustee,  or  treasurer  (and  I  kuow  of  none),  the  right  to  hold 
such  office  would  seem  to  be  unquestionable.  The  correctness 
of  this  view  is  also  evident  from  a  consideration  of  the  reasons 
why  the  citizens  of  a  special  school  corporation  are  not  allowed 
to  vote  beyond  the  limits  of  said  corporation  on  school  ques- 
tions. Among  the  school  questions  arising  in  the  township 
are  those  of  creating  and  changing  the  boundaries  of  school 
districts,  the  loaning  of  school  funds,  and  indirectly,  the  levy- 
ing of  taxes,  etc.  Now  since  the  voters  outside  the  city 
limits  have  no  voice  in  determining  any  such  questions  arising 


280  (.M  i'  i  \i.  am.  .11  i.k  i  \i.  i.i.<  ui( 

within  the  city  limiU,  it  is  righl  and  proper  thai  the  voters  of 
the  oity  should  be  equally  excluded  from  taking  pari  in  the 
deoiBion  of  such  matters  in  the  township  at  large.  On  this 
principle  the  voters  of  one  Bchool  district,  under  the  general 
law,  are  prohibited  from  voting  in  any  other  -<}n •« .)  district, — 
the  right  of  voting  t>eing  co-extensive  only  with  tin-  liability 
to  taxation •  But  Done  of  these  considerations  apply  in  bar 
of  the  right  of  a  oitisen  of  a  specially  incorporated  school 
district  to  bold  the  <.ili.T  of  trustee  for  the  township  at  h 
Such  citizen  does  not  meddle  at  all  with  the  local  interests  and 
elections  of  the  outside  portion  of  the  township,  but  is  merely 
chosen,  by  the  voluntary  acl  of  the  voters  concerned,  to  penr- 
form  the  duties  of  trustee  of  the  township  <>r  which  he  is  a 
resident;  and  if  the  voters  Bee  lit  to  elect  him,  he  may  law- 
fully  accept  the  position — he  is  clearly  eligible.  So  in  res]  ect 
to  township  treasurer;  a  citizen  of  any  city  <>r  incorpoi 
town  within  the  limits  of  the  township,  may  be  appointed  to 
that  offi< 


OFFICIAL   AND   JUDICIAL   DECISIONS.  281 


VILL     SUPPLEMENTARY   DECISIONS. 

1.  Costs  of  Suit. — In  suits  brought  for  the  recovery  of  any 
debt  due  the  school  fund,  counsel  may  be  employed,  when 
necessary,  and  a  reasonable  fee  be  allowed  from  the  proper 
school  fund.  When  such  suits  are  unsuccessful  no  costs  can  be 
charged  by  any  court  before  which  the  case  is  tried,  nor  by  any 
constable,  sheriff,  etc.  (§  78.)  But  exemption  from  costs  ap- 
plies only  to  the  particular  class  of  cases  designated  in  the  act, 
namely  "where  any  agent  of  any  school  fund,  suing  for  the 
recovery  of  the  same,  or  any  interest  due  thereon,  is  plaintiff, 
and  shall  be,  from  any  cause,  unsuccessful  in  such  suit."  The 
clause,  being  restrictive  of  the  common  rule  in  respect  to  costs, 
must  be  limited,  in  construction  to  the  particular  cases  de- 
scribed. It  is  not  meant  to  grant  immunity  from  costs  where 
suits  are  brought  and  judgments  rendered  against  school  officers 
or  their  agents,  but  only  when  actions  are  commenced  by  them, 
and  are  not  successful. 

2.  Residence  of  School  Officers. — County  superintendents 
must  be  residents  of  their  respective  counties.  If  they  remove 
from  the  county,  their  offices  are  vacated,  and  must  be  filled 
as  other  vacancies.  (Scales'  Comp.,  798.)  Township  trustees 
and  school  directors  must  be  residents  of  their  respective 
townships  and  districts.  Upon  their  removal  from  the  same, 
their  offices  become  vacant,  which  vacancies  must  be  immedi- 
ately filled  by  special  elections.  As  far  as  practicable,  trustees 
should  be  chosen  from  different  parts  of  the  township.  (§§  24 
and  42.) 

3.  County  Treasurers. —  County  treasurers  are  not  entitled 
to  any  commission  upon  school  taxes  collected  and  paid  over 
to  them  by  county  or  township  collectors.     (§  72.) 

4.  Priority  of  Debts  Due  the  School  Fund. — It  is  held  that  the 
sixtieth  section  of  the  school  law,  in  reference  to  the  priority 
of  debts  due  from  the  executors  and  administrators  of  the 
estates  of  deceased  persons  to  the  school  fund,  must  be  con- 


OFFICIAL    AM)   .11  DIOIAL    DXOI8K  MB. 

Btrued  b    o  altering  or  amending  the  one  hundred  and  fifteenth 

ection  of  the  statute  of  will-'  as  to  give  said  debts  priority 

over  ;ill  other  claims  againsl  the  estate  of  the  deceased  debtor, 

■|.i  funeral  and  other  expenses  attending  the  lasl  ricki 
nol  including  the  phj  sician's  Kill." 

i/  , '  /.       Priority. — A   mortage  upon  real 

estate  taken  ai  security  for  Bchool  funds,  does  not  I"-''  it    pri- 
ority, if  it  has  been  recorded,  by  failing  to  foreclose  when  it 
becomes  due.     It  retains  its  lien  until  the  debt  becomi 
by  the  statute  of  Limitation -. 

6.  Chums  in  Favor  of  tfu  School  Funis,  etc. — After  a  claim 
in  favor  of  the  school  fund  is  allowed  in  the  probate  court,  or 
is  put  into  judgment,  it  thereafter,  like  all  other  claims, 

but  six  per  cent.    Trusteesof  bc! Is  have  no  right  to  transfer 

notes  or  mortgagee  given  to  the  school  fund.  Whether  a 
mortgage  can  be  foreclosed  for  the  interest,  the  principal  not 
yel  being  due,  is  a  question  for  the  courts  to  determine;  it 
not  fall  within  the  legitimate  province  of  this  department. 
I  may  add  that  I  know  of  no  decision  directly  upon  the  point. 

7.  Sale  of  School  Section  in  a  Full  Township. — The  question 
has  hern  submitted  whether  one-half  of  the  sixteenth  section 
in  a  full  township  can  be  sold,  there  being  more  than  one  hun- 
dred, and  less  than  two  hundred  inhabitants  therein.  It  is 
clear  that  this  question  must  be  answered  in  the  negative.  The 
provision  for  selling  part  of  the  school  section  only  applies, 
and  was  only  intended  to  apply,  to  fractional  townships.  In- 
deed the  other  construction  would  be  absurd,  for,  after  selling 
the  first  half,  by  parity  of  reasoning,  the  second  might  be  sold 
in  the  same  way,  and  thus  the  beneficent  purpose  of  the  law 
be  directly  violated.  The  hasty  sale  of  school  lands  cannot  be 
too  carefully  avoided. 

8.  Books  and  Blanks. — The  law  makes  it  the  imperative 
duty  of  school  officers  to  provide  themselves  with  the  several 
books  and  blanks  required  in  the  discharge  of  their  respective 
duties,  and  they  are  earnestly  enjoined  to  a  faithful  compliance 
with  this  provision  of  the  act.     (§§  42,  43,  etc.) 

9.  Cities  and  Incorporated  Towns. — Schools  in  cities  and  in- 
corporated towns  are  managed  and  conducted  in  accordance 
with  such  special  acts  and  ordinances  as  may  be  in  force  in  rela- 
tion to  schools  ;  nor  are  such  special  acts,  ordinances,  etc.,  re- 


OFFICIAL    AND   JUDICIAL    DECISIONS.  283 

pealed  or  changed  by  the  general  school  law  as  amended.  But 
it  is  the  duty  of  the  school  boards,  or  other  officers,  having 
charge  of  schools  in  cities  and  towns,  to  furnish  tl\j3  same  sta- 
tistical information  as  is  required  of  corresponding  officers  in 
districts  and  townships,  under  the  general  law  ;  and  the  said 
statistical  reports  must  be  furnished  annually,  and  the  render- 
ing of  said  reports  is  a  condition  precedent  to  the  right  of  any 
city  or  incorporated  town  to  receive  any  portion  of  the  com- 
mon school  fund;  of  which  all  county  superintendents  and 
others  concerned  must  take  due  notice  and  govern  themselves 
accordingly.     (§  79.) 

10.  Liabilities  of  Retiring  School  Officers. — The  money  in  the 
hands  of  the  county  superintendents  and  township  treasurers, 
on  their  retirement  from  office,  is  the  property  of  the  county 
or  township,  to  be  used  for  school  purposes ;  and  it  is  their  duty 
to  deliver  it  over  specifically,  or  in  funds  of  equivalent  value, 
to  their  successors  in  office.  If  the  money  was  of  par  value 
when  received  by  them,  and,  being  retained  by  them  after 
their  official  authority  over  it  ceases,  it  subsequently  depreci- 
ates, the  loss  falls  on  them.  (Hamilton  v.  Cook  County,  4  Scam., 
519.)  A  county  superintendent,  or  township  treasurer,  is  not 
entitled  to  any  commissions  upon  funds  paid  over  to  a  succes- 
sor, as  this  would  involve  the  deduction  of  two  commissions 
from  the  same  funds,  which  is  contrary  to  the  intent  of  the 
law.  The  correctness  of  this  view  of  the  case  is  further  ap- 
parent from  the  fact  that  a  number  of  changes  of  incumbents 
may  occur  before  a  given  sum  of  money  is  finally  disbursed 
or  loaned,  and  if  each  retiring  officer  retains  two  per  cent, 
when  he  turns  over  the  money,  a  large  part  of  the  original 
amount  might  be  absorbed  in  commissions. 

11.  Official  Papers  Cannot  be  Returned — Section  three  of  the 
act  requires  the  state  superintendent  to  file,  keep  and  preserve, 
all  books,  reports,  papers,  and  other  public  documents,  com- 
ing into  his  hands  as  state  superintendent.  This  embraces  all 
letters,  papers,  and  documents  of  every  description,  addressed 
to  the  state  superintendent  upon  any  official  business  relating  to 
the  educational  or  other  duties  of  his  office,  and  is  the  reason 
why  he  cannot  return  such  papers,  etc.,  to  the  writers,  as  is 
sometimes  requested.  He  is  obliged  to  file  them.  Corres- 
pondents should  therefore  retain  copies  of  such  papers  as  they 


28  I  OFFICIAL    LHD  JUDICIAL  DBOIBft 

wi-l,  to  preserve;  or  tranemil  id  duplicate,  io  which  case  one 
copi  will  be  returned,  if  desired.  Attested  copie,  of  any  official 
paper  will  be  cheerfully  famished,  whea  requested,  but  the 
originals  cannol  be  returned. 

12.  Oommi  ion  on  Delinquent  and  Railroad  Tat  .—It  is  held 
thai  the  commission  of  two  per  cent,  prescribed  by  BectioD 
forty  five,  applies  to  all  special  district  taxes,  including  delin- 
quent and  railroad  taxes.  I  am  nol  aware  of  any  exception  id 
tlir  ca  ■•  of  railroad  taxes,  nor  thai  there  i-  aoy  late  change  in 
relation  to  the  fees  of  county  treasurers,  except  in  the  act  ap- 
proved February  16,1  B65,  which  however  only  applies  to  i 
aue  assessed  for  county  purj  ad  to  certain  «!• 

counties. 

L8.  Foreign  Languages  in  tfu  Public  Schools. — It  was  the  ob* 
of  the  legislature,  in  the  last  clause  of  the  fiftieth  sectioo 
of  the  art,  to  allow  the  introduction  into  the  public  schools 
of  the  Btate,  of  additional  and  higher  branches  of  study  than 
those  enumerated  m  the  former  part  oi  said  section,  when 
the  circumstances  of  a  district  and  the  host  interest  of  the 
schools  should  seem,  in  the  judgment  of  the  directors,  to  au- 
thorize it.  It.  was  especially  contemplated  by  said  clause  to 
allow  the  establishment  of  Ic'f/h  schools  as  a  part  of  the  public 
school  system  of  the  state.  In  conformity  with  that  permis- 
sive clause,  the  higher  branches  of  learning  are  taught  in  many 
of  the  public  schools  of  the  state,  and  with  the  best  results. 
But  there  is  nothing  in  the  provisions  of  the  fiftieth  section, 
or  any  other  part  of  the  act,  that  will  warrant  or  justify  the  es- 
tablishment or  maintenance,  at  the  public  expense,  of  any  other 
than  'English  schools;  by  which  term,  as  used  in  the  law,  is  meant 
such  schools  only  as  have  for  their  object  the  teaching  of  vari- 
ous branches  of  an  English  education,  and  in  which  the  com- 
mon medium  of  communication  is  the  English  language.  The 
teaching  of  higher  branches,  such  as  languages  and  mathemat- 
ics, is  incidental  and  collateral,  and  must  not  be  allowed  to 
divert  any  public  school  from  the  great  purpose  contemplated 
by  the  legislature  in  the  establishment  of  the  system.  Accord- 
ingly, the  <  German,  French,  or  other  foreign  language,  may  be 
taught  in  the  public  schools,  when  deemed  expedient,  and  when 
the  teaching  thereof  will  not  crowd  out  or  interfere  with  the 
branches  specifically  required  by  law.     But  in  the  teaching  of 


OFFICIAL    AND   JUDICIAL   DECISIONS.  285 

such  foreign  languages  the  medium  of  communication  must 
in  all  cases  be  the  English  language — the  schools  in  which 
such  foreign  language  may  be  taught  must  constantly  retain  the 
distinctive  character  of  English  schools.     In  other  words,  Ger- 
man may  be  taught  in  a  public  school,  the  same  as  Latin  or  alge- 
bra, if  circumstances  will  justify;  but  in  teaching  that  language, 
or  any  other,  the  character  of  the  school  as  an  English  school 
must  not  be  changed — the  common  medium  of  communica- 
tion in  the  school  must  continue  to  be  the  English  language. 
The  teaching  of  German,  in  the  manner  permitted  by  the  act,  does 
not  make  the  school  a  German  school,  any  more  than  the  teach- 
ing of  the  classics,  as  contemplated  by  law,  changes  the  char- 
acter of  the  school  from  an  English  school  to  a  Latin  or  a  Greek 
school.    If  the  common  medium  of  communication  be  changed 
from  the  English  language  to  the  German,  or  other  foreign 
language,  such  school    ceases  to  be  conducted  according   to 
law,  and,  by  the  express  terms  of  the  act,  is  no  longer  entitled 
to  the  public  funds.     Such  a  thing  as  a  German  school,  or  a 
French  school,  properly  so  called,  is  utterly  unknown  to  the 
common  school  law  of  this  state.     The  language  of  the  statute 
is,  "  every  school  established  under  the  provisions  of  this  act 
shall  be  for  the  purpose  of  instruction  in  the  various  branches 
of  an  English  education  ;  and  no  school  funds  shall  be  appropri- 
ated under  this  act  for  any  other  class  or  description  of  schools.^ 
This  is  explicit  and  peremptory,  and  must  govern  in  all  cases 
where  it  is  not  superseded  by  special  acts  of  different  import. 
The  schools  established  must  be  such  as  the  law  requires,  or 
they  cannot  have  the  benefit  of  the  public  funds.     If  the  di- 
rectors use  the  public  funds  for  any  other  description  of  schools, 
they  are  personally  liable.     The  intention  of  the  law  is  clear 
not  only  from  the  fiftieth  section,  from  which  I  have  quoted, 
but  also  from  many  other  parts  of  the  act,  especially  the  forms 
of  teachers'  and  directors'  certificates,  in  section  fifty-three,  etc. 
It  follows  from  the  foregoing  view,  that  the  practice  of  keep- 
ing an  English  school  during  one  part  of  the  day,  and  a  Ger- 
man   school   the  other  part — or  of  maintaining   an   English 
school   during  certain    months  of  the   year,  and  a   German 
school  during  certain  other  months,  and  allowing  all  to  share 
alike  in  the  use  and  benefit  of  the  public  funds,  is  contrary  to 
law  and  must  be  discontinued.     The  one  great  and  wise  pur- 


OFFICIAL    \\  D    1 1  DIOl  LL    DE4  Mil 

of  the  Legislature  in  thi   ••  provisions  is,  not  to  under- 

\ aln •  discourage  the  teachiug  of  the  German  lanj 

knowledge  of  which  has  come  to  be  almost  indispensable  in 
this  country,)  but  to  bring  i<»  bear  the  powerful  influence  oi 
,,ur  public  Bchool  system  in  familiarizing  all  cli  'I  nation- 

alities of  our  people  with  the  vernacular  tongue,  ai  the  national 
language  of  the  republic.     (Set  Remark*  on pag<  95,  ante.) 

II.     School  Officer*  and  Road  raxes.— The  term,  **worl 
on  the  roads,"  as  used  in  Bection  Beventy-two  of  the  Bchool 
law,  includes  all  .  aents  on  school  officers  of  road  labor, 

and  all  taxes  in  money  levied  in  lieu  of  labor.  But  all  other 
mad  taxes  levied  must  1"'  paid  by  school  officers,  the  Bame  ad 
by  other  persons. 

L5.      When  by  Mistake,  but  ora  CI  "Property  i    2         — If, 

in  any  year,  a  board  of  directors,  by  a  vote  of  the  people, 
cause  to  be  tiled  with  the  county  clerk  within  the  time  fixed 
by  law.  a  legal  certificate  of  the  rate  of  tax  required  t->  be 
l.vicd  for  Bchool  purposes  apon  all  the  taxable  property  of 
t heii-  district ;  and  if  the  clerk,  ly  inadvertence,  or  other? 
extends  the  Baid  tax  apon  personal  property  only,  or  npoi 
estate  only,  and  not  upon  both  as  required  by  the  certificate, 
it  his  held  that  the  clerk  may  and  should  extend  Baid  rate  of 
lax  upon  the  omitted  class  of  property,  the  next  year,  and 
that  ii"  further  vote  i>  necessary  to  warrant  him  in  doing  80. 
It  would  simply  be  completing  what  the  people  had  already  au- 
thorized to  be  done,  and  what  the  clerk  had  improperly  failed 
to  do,  but  iu  part,  at  the  proper  time.     (School  Law,  $  4~>.) 

10.  Unity  of  the  School  Fund. — The  school  funds  of  every 
district  must  lie  kept  and  considered  as  a  unit,  for  the  pur] 
contemplated  by  law.  The  school  law  knows  no  particular 
class,  nationality,  religion  or  sect.  The  taxes  paid  by  persons 
of  a  particular  sect,  class  or  nationality,  cannot  be  withdrawn 
from  the  common  fund  to  pay  the  teacher  of  a  separate  school 
established  for  their  own  special  benefit.  Such  a  proceeding 
would  be  at  war  with  the  fundamental  idea  of  our  system  oT 
common  schools. 

IT.  Has  no  Judicial  Authority. — The  decisions  of  the  state 
superintendent  are  final  unless  otherwise  directed  by  the  legis- 
lature, or  reversed  by  a  court  of  competent  jurisdiction. 
(  School  Law,  1805,  §  8.)     He  has  nothing  to  do  with  school 


OFFICIAL   AND    JUDICIAL   DECISIONS.  287 

cases  which  have  been  taken  into  the  courts.  Hence,  he  can- 
not take  under  advisement,  or  furnish  opinions  upon,  cases  or 
questions  upon  which  judicial  proceedings  have  been  instituted. 
It  would  be  both  useless  and  improper  for  him  to  do  so,  for 
his  jurisdiction  ceases  where  that  of  the  courts  begins.  The 
object  of  the  powers  with  which  he  is  invested  is  to  prevent 
litigation,  not  to  interfere  after  suits  have  been  commenced. 
This  will  explain  why  decisions  are  not  furnished  to  parties  in 
actual  litigation.  They  must  apply  for  information  or  instruc- 
tions before  bringing  suit. 

18.  Tenure  of  Notes  and  Mortgages. — A  note,  secured  by 
mortgage,  runs  till  barred  by  the  statute  of  limitations,  which 
fixes  the  period  when  collection  is  barred,  at  sixteen  years 
from  the  date  when  the  cause  of  action  accrues;  and  a  mort- 
gage given  to  secure  payment  of  a  note,  retains  its  lien  until 
the  note  itself  is  barred  by  the  statute.  In  general,  a  mortgage 
is  not  barred  by  the  statute  till  the  end  of  twenty  years. 

19. — The  Bible  and  Religious  Observances  in  the  Public  Schools. — 
It  is  of  much  importance  that  teachers,  school  officers  and 
parents,  should  have  clear  and  well-defined  views  upon  this 
subject.  It  should  never  be  forgotten  that  the  principles  gov- 
erning those  concerned  in  public  schools,  established  and  main- 
tained by  the  stale,  are,  or  may  be,  quite  unlike  those  appli- 
cable to  all  other  kinds  of  schools  and  institutions  of  learning 
in  respect  to  the  matters  now  under  advisement.  Private 
schools  and  institutions  may  be  conducted  in  accordance  with 
the  opinions  and  wishes  of  their  founders  and  teachers,  or  of 
the  corporations  controlling  them ;  public  schools  must  be  con- 
ducted in  harmony  with  the  letter  and  spirit  of  the  constitu- 
tions and  laws  of  the  respective  states  in  which  they  are  estab- 
lished. Hence  the  importance  of  defining  as  clearly  as 
possible  the  boundaries  within  which  the  teachers  and  boards 
of  control  of  the  public  schools  may  legitimately  act — the 
criteria  by  which  the  lawfulness  or  unlawfulness,  the  propriety 
or  impropriety,  of  particular  rules  and  regulations  and  practi- 
ces touching  the  matter  in  hand  may  be  determined. 

As  the  principles  involved  are  vitally  related  to  a  cherished 
and  cardinal  element  in  our  theory  of  civil  government,  that 
of  religious  liberty,  it  will  be  of  use  to  introduce  the  discussion 
by  an  examination  of  the  national  constitution,  and  the  con- 


01  i  [01  \i.    4ND    m  DH  i  \i-    i>i-'  IBK 

Btitutions  and  laws  <>!'  the  Beveral  states,  and  to  aote  their 
teachings  and  bearings  upon  the  question  of  religion  and  re- 
ligiou    observance    in  the  public  schools. 

In  the  iii  i  article  of  the  amendments  to  the  constitution  of 
the  United  States,  il  is  declared  that,  "Congn  ill  make 

ii« •  laws  reapi  cting  the  establishment  of  religion,  ot  prohibiting 
the  free  i  :  hereof." 

1 1  would  Beera  to  follow  from  this, thai  anys&zA  mar  establish 
b  religion,  and  cause  the  Bame  to  I"'  baughl  in  its  schools;  for 
if  oo ■  in  make  no  law  respecting  the  establishment  of 

religion,  it  can  make  no  law  prohibiting  the  establishment  of 

it.      It    is    entirely    within     the    power    of  thl  I    .-tat.-, 

therefore,  to  establish  a  religion  for  themselves  or  not,  jo 
they  may  deem  proper.  It  follows,  also,  thai  a  Btate  may  es- 
tablish  a  religious  tesl  for  teachers;  and  this  may  be  done  l'«>r 
teachers  of  private  as  well  as  of  public  Bchools.  Whether 
anything  of  this  kind  has  been  done  is  a  question  which  can 
be  answered  only  after  a  careful  examination  of  the  laws  of 
the  several  states.  While  the  article  just  quoted  from  the 
fundamental  law  of  the  nation  was  a  grand  principle  to  incor- 
porate in  the  constitution  of  a  great  country,  yet  it  must  he 
borne  in  mind  that  its  effect  is,  to  leave  to  the  people  of  each 
state  the  power  to  make  any  law  they  may  deem  expedient, 
"  respecting  an  establishment  of  religion  or  prohibiting  the  free 
exercise  thereof."  Were  it  not  for  this  reserved poicer,  the  law 
as  to  religion  in  schools  could  be  explained  in  live  minutes. 
Now,  however,  the  explanation  is  not  so  easy.  But  by  placing 
the  laws  of  the  several  states  on  this  particular  subject  in  close 
juxtaposition,  the  end  sought  will  be  attained. 

Rhode  Island. — This  little  state  seems  to  have  been  the 
cradle  of  religious  liberty  on  this  continent.  Its  fundamental 
law  proclaims  in  the  broadest  terms  the  absolute  and  inaliena- 
ble freedom  of  all  persons  in  religious  concernments,  and 
that  their  civil  capacities  shall  in  no  wise  be  diminished,  en- 
larged, or  affected  by  their  religious  opinions  or  belief.  "We 
therefore  declare,  that  no  man  shall  be  compelled  to  frequent 
or  support  any  religious  worship,  place,  or  ministry  whatever, 
except  in  fulfillment  of  his  own  voluntary  contract;  nor 
enforced,  restrained,  molested,  or  burdened  in  his  body  or 
goods;  nor  disqualified   from   holding    office;  nor  otherwise 


OFFICIAL   AND   JUDICIAL    DECISIONS.  289 

suffer  on  account  of  his  religious  belief;  and  that  every  man  shall 
be  free  to  worship  God  according  to  the  dictates  of  his  own  con- 
science, and  to  profess,  and  by  argument  to  maintain,  his  opinion 
in  matters  of  religion;  and  that  the  same  shall  in  no  wise  diminish, 
enlarge,  or  affect  his  civil  capacity."     (Const,  of  R.  I.,  Art.  I.  §  3.) 

Hence,  the  laws  of  this  state  give  no  power  to  a  school  com- 
mittee, nor  is  there  any  authority  in  the  state,  by  which  the  read- 
ing of  the  Bible  or  praying  in  school,  either  at  the  opening  or  at 
the  close,  can  be  commanded  and  enforced.  On  the  other  hand, 
the  spirit  of  the  constitution,  and  the  neglect  of  the  law  to  specify 
any  penalties  for  so  opening  and  closing  a  school,  or  to  appoint  or 
allow  any  officer  to  take  notice  of  such  an  act,  do  as  clearly  show 
that  there  can  be  no  compulsory  exclusion  of  such  reading  and  pray- 
ing from  the  public  schools.  The  whole  matter  must  be  regulated 
by  the  consciences  of  the  teachers  and  inhabitants  of  the  districts, 
and  by  the  general  consent  of  the  community.  Statute  law  and 
school  committees'  regulations  can  enforce  neither  the  use  nor  the 
disuse  of  such  devotional  exercises.  School  committees  may,  in- 
deed, recommend,  but  they  can  go  no  further.  It  is  believed  to  be 
the  general  sentiment  of  the  people  of  Ehode  Island  that  this  mat- 
ter shall  be  left  to  the  conscience  of  the  teacher.  No  book  should 
be  introduced  into  any  public  school  by  the  committee,  containing 
any  passage  or  matter  reflecting  in  the  least  degree  upon  any  re- 
ligious sect,  or  which  any  religious  seot  would  be  likely  to  consider 
offensive.  While  a  committee,  on  the  examination  of  teachers, 
should  not  inquire  into  the  peculiar  religious  or  sectarian  opinions 
of  a  teacher,  nor  entertain  any  preferences  or  prejudices  founded 
on  any  such  grounds ;  they  ought,  nevertheless,  and  without  hesi- 
tation, to  reject  every  person  who  is  in  the  habit  of  ridiculing,  de- 
riding, or  scoffing  at  religion ;  for  such  a  habit  may  well  be  sup- 
posed to  betray  a  want  of  that  liberality  which  the  state  encourages 
in  religious  concernments,  and  an  incapacity  to  teach  in  the  mag- 
nanimous spirit  of  its  laws.  (  Const,  and  Laivs  of  R.  I.,  Cli.  2,  §  8  ; 
Pub.  School  Acts,  1857,  pp.  36,  42,  98,  99.) 

Connecticut. — While  the  Rhode  Island  idea  of  religious  liberty 
is  substantially  embodied  in  the  constitution  of  this  state,  it  is,  never- 
theless therein  held  and  declared  to  be  "the  duty  of  all  men  to  worship 
the  Supreme  Being,  the  greatCreator  and  Preserver  of  the  Universe," 
and  a  statute  law  requiring  teachers  to  so  worship,  might  perhaps  be 
constitutionally  enacted  in  that  state.  (Const,  of  Conn.,  Art.  7,  §  1.) 
19 


■j;ni  OFFICIAL    IND  J1  DH  I  iL    DE<  [SI< 

M  |  3  \,  in  8ei  rs.  In  the  constitution  of  thit  state  it  i  ■  dec) 
to  be  v>tli.'  duty  of  all  men  in  society,  publicly  and  al  tated 
,,n  ,  to  wor  hip  the  Supreme  Being,  the  Great  Creator  and  Pre- 
server of  the  Universe;"  and  that  "the  public  worship  of  God, 
:uh1  instruction!  in  piety,  n  ligion,  and  morality,  promote,  the  hap- 
and  prosperity  of  b  people,  and  the  security  of  a  republican 
government."  {Comt.of  Mass.,  Art.  L, §  2;  Id.  A  I  Art.  LI.) 
It  \\,,nM  seem,  therefore,  thai  the  teachers  of  Massachusetts  might 
constitutionally  be  required  ool  only  to  worship  God,  as  in  Con- 
necticut, but  to  do  this  "publicly  and  at  stated  sea  ons."  The 
Bchool  committees  are  prohibited  by  statute  from  directing  any 

Bchool-1 ke  calculated  to  favor  the  tenets  of  any  particular 

of  Christians  to  be  purchased  or  used  in  any  of  the  town  schools. 
(  Q-m.  Stat.  tit.  ./■/.,  ch.  88,  §  27.)  I(  seems,  however,  to  be  the 
settled  policy  of  the  state,  to  require  the  use  of  the  Bible  in  t lie 
public  schools  ;  in  fact,  Bince  the  statute  of  1  855,  "the  daily  read- 
ing of  - ■  portion  of  (lit-  Bible, in  the  common  English  version" 

is  made  obligatory. 

M  mm:.—  While,  by  the  fundamental  law  of  this  Muff,  no  relig- 
ious tesl  can  be  required  as  a  qualification  for  any  office  or  trust, 
it  has  nevertheless,  been  decided  by  the  supreme  courl  of  the 
that  a  rule  of  Bchool,  requiring  every  scholar  to  read  from  the 
Protestant  version  of  the  Bible,  may  be  enforced.  QCorut.  of 
Maine,  Art.  1,  §  3;  38  Maine,  376.) 

New  Hampshire. — In  this  state  the  right  to  require  of  tea' 
certain  tests  in  respect  to  religious  concernments  is  clearly  de- 
rive.1  from  its  constitution,  which  declares  that,  "As  morality  and 
piety,  rightly  grounded  on  evangelical  principles,  will  give  the 
best  and  greatest  security  to  government,  and  will  lay,  in  the 
hearts  of  men,  the  strongest  obligations  to  due  subjection;  and  as 
the  knowledge  of  these  is  most  likely  to  be  propagated  through  a 
society  by  the  institution  of  the  public  worship' of  the  Deity,  and 
of  public  instruction  in  morality  and  religion ;  therefore,  to  pro- 
mote these  important  purposes,  the  people  of  this  state  have  a 
right  to  empower,  and  do  hereby  fully  empower,  the  legislature  to 
authorize,  from  time  to  time,  the  several  towns,  parishes,  bodies 
corporate,  or  religious  societies,  within  this  state,  to  make  adequate 
provision,  at  their  own  expense,  for  the  support  and  maintenance 
of  public  Protestant  teachers,  of  piety,  religion,  and  morality." 
it.  of  X.  II.,  Part  1,  Art.  6.) 


OFFICIAL    AND   JUDICIAL   DECISIONS.  291 

Vermont. — To  a  general  declaration  of  religious  liberty,  the 
constitution  of  this  state  adds  the  following  :  "  Nevertheless,  every 
sect  or  denomination  of  Christians  ought  to  observe  the  Sabbath 
or  Lord's  day,  and  keep  up  some  sort  of  religious  worship,  which 
to  them  shall  seem  most  agreeable  to  the  revealed  will  of  God." 
{Chap.  1,  Art.  3.) 

New  York. — The  fundamental  law  of  this  state  declares  that 
"  The  free  exercise  and  enjoyment  of  religious  profession  and  wor- 
ship, without  discrimination  or  preference,  shall  forever  be  allowed 
in  this  state  to  all  mankind."  The  New  York  school  teacher,  in 
common  with  all  others,  can  insist  upon  enjoying  the  benefit  of 
this  constitutional  provision  ;  but  it  behooves  him,  nevertheless,  to 
bear  in  mind,  under  all  circumstances,  that  he  is  the  agent  of  the 
state,  and  must  teach  in  the  spirit  of  its  laws.  He  should  never 
for  a  moment  forget  that  his  scholars  are  protected  by  the  law 
equally  with  himself.  "VYhile  he  may  exact  from  his  examiners 
and  others,  he  must  himself  also  exhibit  the  liberality  and  mag- 
nanimity in  this  respect  that  is  proclaimed  in  the  organic  law  of 
his  state,  or  he  is  unfit  for  the  vocation  of  public  teacher,  and  he 
may  be  so  declared.  The  state,  however,  so  far  as  it  can  consist- 
ently with  its  organic  law,  and  without  prejudice  to  any,  would 
foster  piety  in  the  citizen.  Hence,  it  is  not  considered  unlawful 
to  open  and  close  school  with  prayer  and  reading  of  the  Scriptures, 
provided  that  all  discussion  of  controverted  points  and  sectarian 
dogmas  be  carefully  avoided.  ( Const,  of  N.  Y.,  Art.  1,  §  3 ;  Ch. 
2,  §  8,  and  Ch.  3,  §  1.) 

Pennsylvania. — The  constitution  of  this  state  asserts  that 
"  no  preference  shall  ever  be  given,  by  law,  to  any  religious  estab- 
lishments or  modes  of  worship;"  but  adds,  in  the  next  section, 
that  "  no  person  who  acknowledges  the  being  of  a  God,  and  a 
future  state  of  rewards  and  punishments  shall,  on  account  of  his 
religious  sentiments,  be  disqualified  to  hold  any  office  or  place  of 
trust  or  profit,  under  this  commonwealth."  While,  therefore,  in 
some  states,  as  Rhode  Island  and  New  York,  it  would  be  uncon- 
stitutional to  impose  upon  teachers  any  religious  test  whatever,  in 
Pennsylvania,  teachers  might  constitutionally  be  required  to  ac- 
knowledge the  being  of  a  God,  and  a  future  state  of  rewards  and 
punishments.  In  practice,  however,  the  largest  liberty  of  con- 
science in  religious  concernments  is  recognized  and  enjoined  in  the 
school  affairs  of  this  state ;  for  it  is  there  held  that  "  church  in- 


OFFICIAL    am-   JUDICIAL    DECIBK 

fluence  should  never  be  permitted  to  Bwerve  :i  director  from  the 
line  of  "In i  v  in  i  In'  selection  of  teachers  : '  and  "the  religious  pre- 
dilections of  |  H 1 1 iil-,  and  th<  ir  parent!  and  guardians,  are  required  to 
1       icredly  respected;  lectarian  instruction  nol  msidered 

the  province  of  the  school  ma  ter,  bul  of  th<'  parent  or  guardian, 
iiml  the  spiritual  teacher  selected  by  him."  Consequently,  secta- 
rian works  are  excluded  from  the  schools.  But  it  i-  declared  that 
"the  Scriptures  come  ander  the  head  of  text-books,"  and  they 
should  nol  be  omitted  from  the  list.  <  Const,  of  Pa.,  Art.  '•'. 
tmd  I  :  School  Dec.  Not.  159,  162,  L86  and  L87.) 

Maim  land.— The  organic  law  of  tlii-  Btate  provides  thai 
other  list  or  qualification  ought  to  I"-  required  on  admission  tunny 
office  of  trust  or  profit,  than  Buch  oath  of  office  ae  may  be  pre- 
Bcribed  by  this  constitution  or  by  the  laws  of  the  state,  and  a 
declaration  of  belief  in  the  Christian  religi 
shall  profess  to  lie  a  Jew,  tli<'  declaration  shall  be  of  In-  belief  in 
a  future  state  of  rewards  and  punishments."  In  order  to  carry 
out  faithfully  the  spirit  of  these  constitutional  provisions,  every 
teacher  in  Maryland  should  be  a  believer  in  the  Christian  religion, 
or,  at  least,  in  a  future  state  of  rewards  and  punishments.  Per- 
sons who  do  not  bo  believe  should  not  be  licensed,  or,  if  any  are 
already  licensed,  their  licenses  should  be  revoked.     The  examiners 

in  that  State  may  very  properly  inquire  whether  the  candidate-  tor 
licenses  believe  in  the  Christian  religion  or  in  a  future  state  of  re- 
wards  and  punishments,  for  such  an  inquiry  is  a  part  of  their 
legitimate  duty  at  the  examinations.  But  they  have  no  right  to  go 
further  than  the  law  requires.  If,  for  example,  an  applicant  for  a 
certificate  declares  that  he  believes  in  a  future  state  of  rewards  and 
punishments,  or  in  the  Christian  religion,  then  he  can  be  questioned 
no  further  on  the  subject;  or,  if  questioned,  he  may  refuse  to  answer. 
If  he  says  he  believes  in  a  future  state  of  rewards  and  punishments, 
the  law  can  require  nothing  more,  for  the  Constitution  prohibits 
any  further  test.     (  ( 1on%t.  of  Ml.  I',  of  /».,  Art.  34.) 

North  Carolina. — The  constitution  of  this  state  contains  the 
following  remarkable  provision:  "No  person  who  shall  deny  the 
being  of  God,  or  the  truth  of  the  Christian  religion,  or  the  divine 
authority  of  the  Old  or  New  Testament,  shall  be  capable  of  hold- 
ing any  office  or  place  of  trust  or  profit  in  the  civil  department 
within  this  state."  Of  course,  no  atheist  or  Jew,  or  disbeliever  in 
the  divine  inspiration  of  the  Scriptures  of  both  the  Old  and  the 


OFFICIAL    AND    JUDICIAL   DECISIONS.  293 

New  Dispensations,  can  be  legally  employed  to  teach  a  public 
school  in  North  Carolina ;  and  it  is  as  much  the  duty  of  examin- 
ers in  that  state  to  question  candidates  for  licensure  as  teachers, 
in  respect  to  their  religious  beliefs  and  opinions,  as  in  regard 
to  their  literary  and  scientific  qualifications ;  and  to  reject  all 
applicants  whose  religious  faith  is  not  in  harmony  with  the  pre- 
scribed standard,  as  promptly  as  those  who  are  found  to  be  de- 
ficient in  scholastic  attainments.  The  constitutional  provisions 
of  North  Carolina  are  more  strict  in  respect  to  the  religious  prin- 
ciples of  civil  officers,  than  those  of  any  other  state  in  the  union. 
(Const,  of  N.  <7.,  Art.  4,  §  2  of  Amend.} 

Alabama. — The  principles  of  religious  liberty  are  enunciated 
in  the  constitution  of  this  state  with  an  iteration  and  reiteration 
that  is  remarkable :  "  No  person  within  this  state  shall,  upon  any 
pretense,  be  deprived  of  the  inestimable  privilege  of  worshiping 
God  in  the  manner  most  agreeable  to  his  own  conscience,  nor  be 
compelled  to  attend  any  place  of  worship  ;  nor  shall  any  one  be 
obliged  to  pay  any  tithes,  taxes,  or  other  rates,  for  the  building 
or  repairing  of  any  place  of  worship,  or  for  the  maintenance  of 
any  minister  or  ministry.  No  human  authority  ought,  in  any  case 
whatever,  to  control  or  interfere  with  the  rights  of  conscience. 
No  person  shall  be  hurt,  molested,  or  restrained  in  his  religious 
profession,  sentiments,  or  persuasion,  provided  he  does  not  disturb 
others  in  their  religious  worship.  The  civil  rights,  privileges,  and 
capacities  of  any  citizen  shall  in  no  way  be  diminished  or  enlarged 
on  account  of  his  religious  principles.  There  shall  be  no  estab- 
lishment of  religion  by  law,  no  preference  shall  ever  be  given  by 
law  to  any  religious  sect,  society,  denomination,  or  mode  of  wor- 
ship ;  and  no  religious  test  shall  ever  be  required  as  a  qualification 
to  any  office  or  public  trust  under  this  state.  Every  citizen  may 
speak,  write,  and  publish  his  sentiments,  being  responsible  for  the 
abuse  of  that  privilege."     (Const,  of  Ala.,  Art.  L,  §§  3-8.) 

Arkansas. — The  organic  law  of  this  state  provides  that  the 
civil  rights  privileges  or  capacities  of  any  citizen  shall  in  no  wise 
be  diminished  or  enlarged  on  account  of  his  religion.  But  no  per- 
son who  denies  the  being  of  a  God  shall  hold  any  office  in  the  civil 
department  of  this  state,  nor  be  allowed  his  oath  in  any  court. 
(Const,  of  Ark.,  Art.  2,  §  4 ;  and  Art.  8,  §  3.) 

West  Virginia. — Full  religious  liberty  is  guaranteed  to  the 
people  by  the  constitution  of  this  state;  but  all  teachers  employed 


29  I  OFFICIAL     LND  JUDICIAL    DE<  [SION8. 

in  the  public  ire  required  by  law  to  read  or  cause  to  be 
read  al  l<  a  i  one  chapter  from  the  Bible,  in  b  language  understood 
h\  i In  cholars,  everj  daj  al  the  opening  of  tli«-  school, and  toin- 
culculate  the  dutiei  of  piety,  morality,  and  respect  for  th<  law  -  and 
kiii  of  this  country.  The  same  discrepancy  will  be  ob- 
served between  the  spirit  of  the  organic  law  and  the  school  i 
ii  n  Hi-  i.C  thi-  State,  as  occurs  in  some  of  the  other  states.  1 1 
I/-/.  ii,  §  9;  School  Laws,  1866,  §  29.) 

[ndiana. — The  people  of  this  state  have  reserved  to  thems< 
full  religious  liberty,  bul   the  Bchool   laws   provide  that   the   Bible 
shall  nut  be  excluded  from  the  public  schools  of  the  Btate.     |  ( 
of  ///./.,  Art.  I,  §§  -  T  ;   Common  School  Laws,  1  ''''•) 

Iowa.'  The  principles  of  religious  liberty  are  asserted  in  the 
constitution  of  this  state  as  broadly  and  emphatically  as  in  thai 
of  any  other;  while  the  Bchool  laws  appropriately  and  consist- 
ently declare  thai  the  Bible  Bhall  not  be  excluded  from  any  school 
or  institution  in  this  Btate,  under  the  control  of  the  board,  nor 
shall  any  pupil  be  required  to  read  it  contrary  to  the  wishes  of  his 
parenl  or  guardian.  {Const,  of  I  va,  Art.  1,  §§  3  and  \.  School 
.  L864,  ch.  8,  §  1.) 

AVi^i  i>\-i\.  —The  constitutional  provisions  are  the  same  in  le- 
gal  effeel  here  as  in  Alabama.  But  the  constitution  of  this  state 
also  provides,  in  reference  to  district  schools,  that  "  no  sectarian 
instruction  shall  be  allowed  therein."  This  state  and  Kansas 
to  be  tlic  only  ones  where  the  principles  of  religious  liberty  in 
connection  with  the  public  schools,  arc  expressly  recognized  and 
defined  in  the  fundamental  law.  (Const,  of  Wis.,  Art.  1,  §§  1v 
and  L9,  Art.  10,  §  3.) 

( lALIFORNIA. — In  this  state,  carrying  out  the  spirit  ofaconstitu- 
tional  provision  on  this  subject  the  same  in  legal  effect  as  that  of 
New  i  ork,  the  school  law  declares  that  no  books,  tracts,  papers, 
catechisms,  or  other  publications  of  a  sectarian  or  denominational 
character  shall  be  used  or  distributed  in  any  school,  or  shall  be 
made  a  part  of  any  school  library;  neither  shall  any  sectarian  or 
denominational  doctrine  he  taught  therein.  (Const,  of  Cal.,  Art.  1, 
§  4;   Revised  School  Law,  1866,  §  60.) 

Kansas. — No  religious  sect  or  sects  shall  ever  control  any  part 
of  the  common  school  or  university  fund  of  the  state.  (Const,  of 
Kansas,  Art.  6,  £  8.) 

Constitutional    provisions,  asserting  the  principles  of  religious 


OFFICIAL    AND   JUDICIAL    DECISIONS.  295 

liberty,  are  contained  in  the  organic  laws  of  all  the  other  states, 
excepting  that  of  Louisiana,  which  is  the  only  state  whose  consti- 
tution is  silent  on  the  subject.  (Const,  of  iV.  J.,  Art.  1,  §§  3  and 
4  ;  Const,  of  Va.,  B.  of  B.,  §  16  ;  Const,  of  S.  C,  Art.  8  ;  Const, 
of  G-a.,  Art.  4,  §  10 ;  Const,  of  Fla.,  Art.  1,  §  3  ;  Const,  of  Miss., 
Art.  1,  §§  3-7 ;  Const,  of  Texas,  Art.  1,  §§  3  and  4 ;  Const,  of 
Tenn.,  Art.  1,  §§  3  and  i—Art.  9,  §  2  ;  Const,  of  Kij.,  Art.  13,  §§  5 
and  6 ;  Const,  of  Ohio,  Art.  1,  §  7  ;  Const,  of  Mich.,  Art.  4,  §§  39- 
41 ;  Const,  of  Mo.,  Art.  13,  §§  4  and  5 ;  Const,  of  Oregon,  Art.  1, 
§§  2-7;  Const,  of  Minn.,  Art.  1,  §§  17  and  19;  Const,  of  Del, 
Art.  1,  §§  1  and  2;   Const,  of  La.,  tit.  6,  Art.  106.) 

.  [The  foregoing  citations  from  the  constitutional  and  legal  pro- 
visions of  the  several  states  touching  the  principles  of  religious 
liberty,  and  their  application  to  the  control  and  management  of 
public  schools,  are  taken,  by  permission,  from  "The  Lawyer  in  the 
School-Eoom,"  by  M.  McN.  Walsh,  A.  M.  LL.B.  of' the  New 
York  Bar.] 

We  have  now  seen  that  the  principle  of  religious  liberty  pro- 
mulgated in  the  constitution  of  the  United  States,  is  affirmed  and 
proclaimed,  with  various  degrees  of  distinctness  and  comprehen- 
siveness, and  under  almost  every  possible  form  of  language,  in  the 
constitutions  of  all  the  states  of  the  union,  save  one ;  that,  with 
unimportant  exceptions,  the  laws  of  all  the  states,  including  those 
in  relation  to  public  schools,  are  all  framed,  expounded  and  admin- 
istered in  harmony  with  the  letter  and  spirit  of  their  respective 
organic  laws  or  constitutions  ;  and  that  wherever  the  school  laws 
of  a  state  are  silent  on  the  subject  of  religion  and  religious  observ- 
ances, the  fundamental  law  is  taken  as  the  guide  in  the  administra- 
tion and  management  of  the  school  system  of  such  state. 

In  the  light  shed  upon  the  subject  by  this  examination,  we  are 
prepared  to  consider  the  rights,  powers,  and  duties  of  teachers, 
school  officers,  and  parents,  under  the  free  school  system  of  Illinois. 
If  the  subject  of  religious  or  devotional  exercises  in  the  public 
schools  were  treated  of  or  defined  in  the  school  laws  of  the  state, 
we  might  assume  that  those  laws  were  not  inconsistent  with  the 
organic  law  of  the  commonwealth,  and  confine  ourselves  to  a 
simple  examination  and  interpretation  of  the  intent  and  meaning 
of  the  statutes  themselves.     But  the  subject  under  advisement  is 


•J'.";  OFFICIAL    an  D   -ii  M'  i  \i-    DB<  1810 

in.!  mentioned  or  in  any  manner  refl  rred  i"  in  the  school  U 
thi     iii'-.     But  all  the  law  tate  must  be  made  and  executed 

in  accordance  with  the  lett<  r  and  spirit  of  its  constitution,  for  that 
i-  the   fundamental  law,  and  contains   the  principlei   upon  whieb 

tin vernmenl  of  the  state   is   founded.      I  be  subjccl   in   hand 

in n  t,  therefore,  be  viewed,  and  the  boundaries  of  right  and  w  rong 
determined  in  the  light  of  the  principles  enunciated  in  the  organic 
l;iw  of  the    i:iii-.     What  are  those  principles?     In  the  thirteenth 

article  of  the  constituti >f  Illinois  it  is  a  sert<  -1  and  <!<  clan  <l  as 

follow  - : 

£  '■'>.  "That  all  men  have  a  Datura]  and  indefeasible  right  to 
worship  AJmighty  <  i  <  «<  1  according  to  the  dictates  of  their  own 
consciences;  that  no  man  can,  of  right,  be  compelled  t"  attend, 
erect,  or  support  any  place  of  worship,  or  to  maintain  any  min- 
istry, against  his  consent;  that  no  human  authority  can,  in  any 
case  whatever,  control  or  interfere  with  the  rights  of  conscience; 
and  that  do  preference  shall  ever  be  given  by  law  to  any  religious 
establishment  or  modes  of  worship." 

^  !.  "That  no  religious  test  .-hall  ever  be  required  as  a  quali- 
fication to  any  office  of  public  trust  under  this  state." 

Relying  upon  the  principles  of  religious  liberty,  and  tl 
of  conscience,  thus  broadly  and  grandly  promulgated  in  the  fun- 
damental law  of  the  .-tate,  the  legislature  has  never  <1« -« 1  j m  « I  it 
expedient  or  necessary  to  prescribe  <>r  define  in  the  school  laws, 
what  particular  acts,  rule.-,  or  regulations  would  be  in  accordance 
with  the  letter  and  spirit  of  the  constitution,  and  what  would  he 
inconsistent  therewith:  but  has  preferred,  wisely  it  is  beli< 
to  leave  teachers  and  school  officers  to  conduct  the  schools  of  the 
state  in  such  a  way,  and  to  adopt  such  measures  in  respect  t<>  the 
moral  and  religious  improvement  of  the  pupils  as  to  them  may 
seem  best,  subject  to  the  conditions  and  requirements  of  the  fun- 
damental law. 

Here  is  a  rule  of  aetion  as  definite  as  it  is  practicable  to  make 
it,  and  yet  comprehensive  and  flexible,  perfectly  adapted  to  the 
circumstances  and  sentiments  of  every  school  community.  The 
constitution  of  the  state  neither  requires  nor  forbids  the  reading 
of  the  Bible,  or  prayer,  or  any  other  form  of  religious  or  devo- 
tional exercise  in  school,  and  the  school  laws  are  entirely  nit  lit  on 
the  subject.  The  spirit  of  the  constitution  in  this,  regard  is  per- 
missive, not   mandatory,  and    the  Bame  spirit    should   actuate   and 


OFFICIAL   AND   JUDICIAL   DECISIONS.  297 

control  the  conduct  of  teachers  and  school  authorities.  "While  the 
largest  freedom  is  granted  to  both,  they  are  yet  both  amenable 
in  their  action  to  the  paramount  rule  "that  no  human  authority 
can,  in  any  case  whatever,  control  or  interfere  with  the  rights 
of  conscience."  Not  even  the  legislature  could  require  of  teachers, 
directors  or  parents,  anything  in  conflict  with  that  declaration, 
or,  if  such  a  law  were  enacted,  it  would  certainly  be  declared  void 
by  the  supreme  court.  Much  less  can  a  board  of  directors  require 
of  a  teacher,  either  by  prohibition  or  command,  anything  that  he 
cannot  conscientiously  do;  and  a  like  restriction  rests  upon  the 
teacher  in  his  dealings  with  his  pupils  and  their  parents — other  re- 
quirements may  be  enforced,  but  into  the  domain  of  conscience, 
none  may  enter. 

Guided  by  these  principles,  there  need  be  no  doubt  as  to  the 
proper  course  to  pursue  in  any  given  case.  Whatever  is  enjoined 
or  forbidden,  in  respect  to  religious  concernments,  by  directors  or 
teachers,  must  be  subject  to  the  emphatic  declaration  of  the  or- 
ganic law  touching  the  inviolability  of  conscience.  Hence,  while 
it  is  most  fit  and  commendable  for  a  teacher  to  open  his  school  by 
devoutly  reading  a  brief  portion  of  the  Sacred  Scriptures,  and  by 
humbly  seeking  the  blessing  of  God  in  a  few  words  of  prayer,  he 
may,  nevertheless,  decline  to  do  so,  if  incompatible  with  the 
promptings  of  his  conscience  ;  and  for  so  declining  he  could  not 
be  discharged,  or  in  any  way  molested,  being  warranted  in  his 
course  by  the  fundamental  law.  Being  a  matter  over  which  the 
directors  have  no  authoritative  control,  they  may  signify  their 
wishes  to  the  teacher,  but  nothing  more  ;  should  they  go  further 
he  may  refuse  to  obey  a  command  which  they  have  no  legal  or 
moral  right  to  enforce.  And  if,  on  the  other  hand,  a  teacher  feels 
it  to  be  his  duty  to  read  from  the  Bible,  or  offer  prayer,  at  the 
opening  of  school,  it  is  his  privilege  to  do  so,  even  if  contrary  to 
the  wishes  of  the  directors,  and  for  so  doing  he  cannot  be  dis- 
charged or  molested — it  is  a  sacred  personal  right  of  which  he 
cannot  be  deprived.  And  all  of  the  scholars  who  choose,  or 
whose  parents  approve,  may  be  present  and  participate  in  the 
reading  and  worship.  In  the  case,  however,  of  such  a  conflict 
between  the  opinions  and  wishes  of  the  teacher  and  directors,  the 
latter  might,  it  is  held,  require  that  the  moments  of  devotion  be 
not  taken  from  the  regular  school  hours,  but  that  the  exercise  be 
attended  to  either  before  school,  or  after  its  close.     The  powers 


OFFICIAL    am.   .11  i.i«  i  \  i.    DECK  i- 

conferred  upon  directors  by  the  forty-eighth  section  of  the  act, 
would  'in  i"  warrant  their  interference  to  the  above  extent,  if 
thej  iw  lii,  I'lii  no  further.  It  would  remain  fbt  the  teacher  to 
in  ii.  li  :i  case,  whether  the  interest!  of  the  school  would 
be  ubserved  by  insisting  upon,  or  waiving  his  rights  in  the 
premi 

The  Bame  principles  apply  t<»  pupils,  and  to  their  parent 
guardians;  their  rights  of  conscience  musl  be  equally  respected. 
V.  cholar  can  be  required  i<>  read  the  Bible  in  school,  as  a  re- 
ligious exercise,  or  i<>  attend  prayer,  <>r  participate  in  any  other 
form  of  worship  or  devotion,  contrary  to  the  expressed  wisl 
his  parenl  or  guardian.  If  objection  is  made  on  tin-  ground  of 
"  conscience,"  it  i-  a  right  with  which  "  no  human  authority  can,  in 
any  case  whatever,  interfere."  For  the  same  reason,  the  children 
of  Protestants  cannot  be  compelled  fi>  read  from  the  Douav,  or 
( latholic,  version  of  the  Bible,  it'  their  parents  or  guardians  oTbject : 

nor  can  the  children  of  Catholics  he  forced  to  lead  from  the  com- 
mon Protestant  version,  against  the  wishes  of  their  parents  or 
guardians.  It  follows,  of  course,  that  no  pupil  of  any  common  or 
public  school  in  this  state,  can  he  expelled,  suspended,  or  other- 
wise punished,  for  declining  to  read  the  Bible,  or  any  particular 
version  thereof,  as  a  religious  exercise  ;  or  for  declining  to  ei 
or  participate  in,  or  be  present  at,  any  formal  act  or  service  of  re- 
ligious worship  or  devotion,  if  in  so  declining  he  acts  in  accordance 
with  the  intelligent  convictions  of  his  own  conscience,  or  in  com- 
pliance with  the  expressed  desire  of  his  parent  or  guardian.  For, 
the  right  of  directors  and  teachers  to  inflict  penalties  for  the  non- 
observance  of  their  rules,  is  conditioned  upon  the  legality  or  allow- 
ableness  of  the  rules  themselves.  A  school  regulation  not  war- 
ranted by  law,  and  that  is  contrary  to  the  letter  and  spirit  of  the 
constitution,  cannot  be  enforced. 

In  some  of  the  other  states,  as  we  have  seen,  in  Maine,  Massa- 
chusetts, and  West  Virginia,  for  example,  teachers  and  scholars 
can  he  compelled  by  law  to  read  the  Bible  daily,  in  the  common 
version,  and  to  conduct  or  take  part  in  other  religious  exercises. 
The  laws  of  those  states  so  provide,  and  their  highest  court-  have 
SO  ruled.  But  it  is  not  so  in  Illinois  ;  we  have  no  statute  h\\\  -  on 
the  subject  of  religion  in  school,  and  our  judicial  rulings,  in  that 
respect,  have  always  been  in  harmony  with  the  letter  and  spirit  of 
the  state  constitution. 


OFFICIAL    AND   JUDICIAL    DECISIONS.  299 

What  has  been  said  in  respect  to  the  bearings  of  the  organic 
law  upon  the  reserved  rights  of  school  directors,  teachers,  pupils, 
parents  and  guardians,  in  religious  concernments,  applies  also  to 
the  character  of  the  instructions  given  by  teachers,  and  to  the  text- 
books, etc.,  used  in  the  schools.  The  spirit  of  the  constitution, 
and  the  nature  and  objects  of  the  public  school,  alike  require  that 
these  should  be  free  from  whatever  might  justly  be  deemed  offen- 
sive .  to  the  particular  denominational  or  sectarian  tenets  of  any 
portion  of  the  community.  That  which  cannot  be  done  directly 
should  not  be  done  indirectly.  Neither  directors  nor  teachers 
can  obtrude  or  force  their  private  doctrinal  opinions  upon  the 
pupils.  On  these  points,  too,  our  school  laws  are  written  in  blank, 
but  if  the  spirit  of  our  fundamental  law  were  embodied  in  statutory 
form,  it  would  doubtless  adopt,  substantially,  the  language  of  the 
school  law  of  California,  which  asserts  that  "  no  books,  tracts, 
papers,  catechisms,  or  other  publications  *of  a  sectarian  or  denomi- 
national character  shall  be  used  or  distributed  in  any  school,  or 
shall  be  made  a  part  of  any  school  library ;  neither  shall  any  sec- 
tarian or  denominational  doctrine  be  taught  therein."  {Revised 
School  Laivs  of  Col.,  1866,  §  60.) 

The  bearing  of  this  discussion  upon  the  rights  and  duties  of 
parties  in  the  examination  of  teachers,  hardly  needs  to  be  stated. 
Teachers  in  this  state  can  be  questioned  and  inquired  about,  in  re- 
spect to  their  moral  character,  in  the  ordinary  acceptation  of  that 
phrase,  but  no  inquisition  whatever  can  be  made  into  their  particular 
religious  opinions  and  beliefs  ;  or  if  so  questioned,  they  may  refuse 
to  answer.  And  if  the  county  superintendent,  or  board  of  examin- 
ers, should  find  the  applicant  to  be  of  unblemished  morals,  and  of 
suitable  scholastic  attainments,  a  license  could  not  be  refused  on  the 
ground  of  his  holding  or  discarding  any  peculiar  religious  views,  or 
for  refusing  to  answer  any  questions  in  relation  thereto ;  for  "  no 
religious  test  shall  ever  be  required  as  a  qualification  to  any  office 
of  public  trust  under  this  state."    {Const,  of  III.,  Art.  13,  §  4.) 

The  true  intent  and  spirit  of  our  fundamental  law  in  respect  to 
religion  and  religious  observances  in  the  schools  of  the  state  is  cor- 
rectly epitomized  in  the  following  sentence,  already  quoted  from 
the  school  laws  of  Iowa:  "The  Bible  shall  not  be  excluded  from 
any  school  or  institution  in  this  state,  nor  shall  any  pupil  be  re- 
quired to  read  it  contrary  to  the  wishes  of  his  parent  or  guardian." 
{School  Laws,  Iowa,  1866,  ch.  8,  §  1.)     By  acting  in  the  spirit  of 


800  "i  I  [OIAl    AM.   J\  DICIAL    DEI 

ntencc,  our  teachers  and  school  officers  cannol  go  far  astray  ; 
w  hile  any  w  illful  infraction  of  il  i  ded  with  jealousy, 

and  to  i  ■    ul I  in  more  hai  m  i  ban      i   1 

In  re  peel  i"  this  whole  matter,  the  voluntary  principle  i-  the 
milv  one  that  is  either  safe  or  warrantable.  Probably  not  "no 
school  director,  teacher,  pupil,  parent  or  guardian  in  a  thousand, 

d •  will  object  to  the  opening  of  school  by  reading  from  the 

I  Scriptures,  with  prayer,  or  some  other  simple  and  becom- 
ing religious  i  I  rejoice  to  believe  that  this  u  true,  and 
that  in  the  great  majority  of  our  ten  thousand  district  Bchools,  the 
God  of  Heaven  is  reverently  acknowledged.     But  when  objection 
is  conscientiously  made  to  such  acta  and  forms  of  worship  in  school, 
the  opinions  and  wishes  of  the  parents  should  1"-  respected, 
their  children  quietly  exou  ed   from  participating  in  the  exei 
Such  forbearance  and  charity  is  not  only  accordant  with  and  re- 
quired by  the  spirit  of  tne  Bupreme  law  of  the  state,  bnt  is  also 
infinitely  more  likely  to  soften  prejudice,  disarm  opposition, 
thus  secure  the  end  desired,  than  any  attempt  at  coercive  i 
ur<  9.    A  public  Bchool-room  is  not  the  proper  forum  for  coi 
versy  in  religious  matters,  nor  are  schools  or  scholars  ever  benefited 
by  such  disputations.    The  history  of  such  disputes  in  or  about  the 
public  Bchools,  whenever  and  wherever  they  have  taken  pla 
conclusive  upon  this  point — it  has  eVer  been  a  history  of  strife 
and  bitterness,  from  which  manifold  evils  have  resulted,  while  no 
compensating  advantages  have  been  secured. 

This  is  an  important  subject.  1  have  endeavored  to  examine  it 
carefully  and  impartially,  and  to  define  as  clearly  as  possible  the 
principles  by  which  teachers  and  others  should  be  governed  in 
their  practical  dealings  with  this  question.  It  is  better  that  all 
concerned  should  know  the  law,  and  understand  the  limits  within 
which  it  is  their  province  to  act  in  particular  cases.  I  have  con- 
sidered the  Bubject  solely  from  an  official  stand-point,  and  in  the 
light  of  constitutional  and  statute  law,  and  the  conclusions  reached 
are  believed  to  be  sound.  The  object  is  not  to  deter  teachers  from 
reading  the  Scriptures  and  prayer  in  school,  far  from  it,  but  simply 
to  state  the  grounds  upon  which  the  practice  rests,  and  to  indicate 
the  line  of  duty  when  opposition  IS  made.  The  right  of  teachers 
to  open  their  schools  in  that  way,  when  no  objection  is  made,  is 
most  unquestionable. 

My  private  views  and  opinions  on  this  subject  are  well  known, 


OFFICIAL    AND    JUDICIAL    DECISIONS.  301 

and  it  may  not  be  deemed  improper  to  re-affirm  them  here.  •  I 
hold  that  it  is  irrational  and  dangerous  to  ignore  the  moral  and  re- 
ligious  natures  of  children  in  the  work  of  education— that  the 
Bible  and  the  God  of  the  Bible  should  be  acknowledged  and  hon- 
ored in  every  school — and  that  it  is  the  solemn  duty  of  the  state, 
so  far  as  it  consistently  can,  and  without  prejudice  to  any,  to  rec- 
ognize and  honor  the  Christian  religion,  and  to  foster  piety  in  the 
citizen.     (Sixth  Biennial  Report,  111.  I860,  pp.  180-195.) 

"  In  all  our  public  schools  the  principles  of  morality  should 
be  copiously  intermingled  with  the  principles  of  science.  Cases 
of  conscience  should  alternate  with  lessons  in  the  rudiments.  The 
multiplication  table  should  not  be  more  familiar  nor  more  fre- 
quently applied  than  the  rule :  Do  to  others  as  we  would  that 
they  should  do  unto  us.  The  lives  of  great  and  good  men  should 
be  held  up  for  admiration  and  example  ;  and  especially  the  life 
and  character  of  Jesus  Christ,  as  the  sublimest  pattern  of  benevo- 
lence, of  purity,  of  self-sacrifice,  ever  exhibited  to  mortals.  In 
every  course  of  studies,  all  the  practical  and  preceptive  parts  of 
the  Gospels  should  be  sacredly  included ;  and  all  dogmatical  the- 
ology and  sectarianism  sacredly  excluded.  In  no  school  should 
the  Bible  be  opened  to  reveal  the  sword  of  the  polemic,  but  to  un- 
loose the  dove  of  peace." 


PART    III. 

Forms  of  School  Instru- 
ments. 


By  general  request  I  subjoin  Forms  of  the  principal  instruments 
required  by  the  school  law,  which,  it  is  believed,  will  be  found  con- 
venient and  useful,  and  contribute  toward  greater  uniformity  and 
correctness  in  the  transaction  of  financial  and  general  school  busi- 
ness.  Those  instruments  upon  which  the  safety  of  the  public  funds 
depends,  such  as  bonds,  mortgages,  notes,  etc.,  are  drawn  with 
particular  care  and  fullness,  and  are  believed  to  be  all  that  is  re- 
quired by  existing  statutes.  Some  of  them  are  lengthy,  and 
technical,  but  not  too  much  so  to  guard  against  the  various  pleas 
and  defences  that  may  be  set  up  by  persons  seeking  to  evade  their 
obligations.  It  is  some  trouble,  to  be  sure,  to  school  officers,  to 
prepare  papers  of  such  length  and  formality,  but  much  less  than 
it  would  be  to  prosecute  or  defend  a  suit  upon  insufficient  or  care- 
lessly drawn  instruments.  A  few  lines,  more  or  less,  may  save 
the  school  fund,  or  prevent  a  lawsuit.  "  Form  is  not  law,  but  law 
is  form,"  and  due  attention  to  this  maxim  is  the  easiest  way  to 
secure  the  prompt  payment  of  money  clue,  and  the  faithful  per- 
formance of  duties  imposed  or  obligations  incurred.  In  the  instru- 
ments of  a  different  character,  wdiere  technical  fullness  and  exact- 
ness of  statement  are  not  essential,  the  greatest  conciseness  and 
brevity  have  been  aimed  at.  I  need  not  say  that  the  literal  use  of 
these  Forms,  or  any  of  them,  or  of  any  particular  set  of  Forms,  is 
not  essential  to  the  validity  of  a  school  instrument,  or  of  any  other 
instrument,  unless  the  statute  prescribes  and  requires  some  specific 
Form.  Any  Form  may  be  used,  which  is  not  contrary  to  law, 
and  which  clearly  expresses  the  intention  of  the  parties.  In  this 
sense,  the  annexed  Forms  are  only  advisory.     But  as  they  are  all 


80 !  •  HOOL   r 

believed  to  be  good  and  sufficient,  th  ommended,  ui 

better  one  are  ubstituted.  The  E\>rms  are  arranged  in  the  same 
order  ai  the  decisions,  beginning  with  those  pertaining  to  county 
luperintendents,  and  continuing  through  the    tic  lationa 

of  officers;  while,  for  convenience  of  reference,  thej  are  numb 
con  ecutiveh  to  the  end.  In  some  of  the  instruments,  many  blankc 
are  necessarily  lefl  to  I"-  filled,  to  meef  the  varying  circumstances 
of  each  case  in  others,  but  little  is  left  to  be  supplied.  The  course 
propi  r  i"  be  pur  ued  ie  sufficiently  indicated  in  all  cases.  Es]  I 
oare  it  recommended  in  calling  and  conducting  Bchool  elections, 
whether  to  vote  for  offict  r  ,  or  on  questions  of  school  policy.  In 
all  such  meetings,  the  prescribed  formalities  Bhould  be  carefully 

red,  and  the  returns  promptly  made.     Tl 
town  hip  and  district  should  also  Bhow  a  record  of  the  pn 

and  results  of  ever v  school  election.     The 
requiring  the  instrumenl  is  noted  opposite  i  1m-  title  of  each   Form, 
and  below  each  one  it  is  Btated  whether  the  instrument  is  Bubject 
in  or  exempl  from  stamp  duty,  and  when  a  stamp  U  required  the 
amount  is  also  given. 

1.   RECEIPT  TO  COUNTY  SUPERINTENDENT.   [  .'  16  | 

$ Illinois 18.. 

ived  of county  superintendent  of count;  and  Bti  te  "f  IihnoiB, 

the  sum  of ~  dollars,  thia  being  the  amount  due  from  Baid  county  Buperin- 

tendeni  to  township  No. . . .,  range in  Baid  county. 

qil.\  21  umship  Treasurer. 

2.      NOTE   TO   COUNTY   BUPKBINTENDENT.      [§   16.] 

$ IS.... 

after  date,  for  value  received  wo  jointly  and  severally  promise  to  pny 

to county  superintendent  of county,  and  to  his  buci  essora  in  office, 

for  the  use  of  the  inhabitants  of  said  county,  I  dollars,  and  interest 

thereon,  at  the  rate  of. ..  .per  cent,  per  annum,  from  date  until  paid,  payable  semi- 
annually in  advance.  And  we  further  agree  to  give  any  additional  security  which 
said  county  BuperinU  ndent  may  at  any  time  require :  and  do  extension  of  the  time  of 
payment,  with  or  without  our  knowledge,  by  the  receipt  ol  interest  or  otherwise, 
shall  release  us  or  either  of  us  from  tho  obligation  of  payment 

[See  schedule  ikaup  duties.]  [seal/ 

[sEAL.' 

[seal." 

3.    oerttfioate  op  county  superintendent:  in  appeals.     [§  20.] 

Office  of  County  Sup't,       ) 

County, 13..  J 

2b State  Supt.  Pub.  Inst.: 

1  transmit,  herewith,  a  lull  and  correct  statement  of  the  facts,  and  the  docu- 

mentary  evidence,  presented  to  me,  in  the  case  of vs ,  together  with  my 

decisib  from  which,  appeal  has  been  taken  to  the  state  department 

1  certify  that  the  accompanying  statement  is  correct)  to  the  best  of  my  knowledge 

and  belief.  '..... 

County  Sup't, County. 


FORMS  OF  SCHOOL  INSTRUMENTS.  305 

4.    renewal  of  teacher's  certificate.     [§  50.] 

Office  of  Cocnty  Sup't.  ) 

County, 18. .  J 

The  within  certificate  is  hereby  renewed,  and  will  be  good  and  valid  in  this  county 

during  . .  year  . .  from  the  date  hereof.  

[Exempt]  County  SivpH County. 


5.    revocation  of  certificate.     [§  50.] 

Office  of  County  Sup't.  ) 
County ,  IS. .      [ 

In  virtue  of  the  authority  conferred  by  the  50th  section  of  the  amended  school  law 
of  1865,  and  for  good  and  sufficient  cause  to  me  appearing  after  careful  investigation, 

and  in  the  belief  that  the  public  good  and  official  duty  alike  require  it,  1 

county  superintendent  of  schools  of county,  state  of  Illinois,  do  hereby  re- 
voke and  cancel  the  certificate  of ,  a  teacher,  now  of  the  county  and  state 

aforesaid.     Said  certificate  bears  date 18.  .,  being  of  the grade,  and 

signed  by county  superintendent  of  said  county.     From  and  after  the  date 

hereof  no  public  school  funds  can  lawfully  be  paid  to  the  said ,  for  his  ser- 
vices as  teacher,  until  he  shall  again  become  the  possessor  of  a  legal  certificate.  All 
school  officers,  and  the  public,  will  take  due  notice  hereof,  and  govern  themselves  ac- 
cordingly. 

Dated  this day  of 18 . .  

[Exempt.]  County  Superintendent County. 

[The  foregoing  form  of  revocation  may  be  used  when  the  teacher  refuses  to  deliver 
up  his  certificate,  and  publicity  is  required.  In  other  cases,  where  the  cause  or 
offence  is  not  flagrant,  and  the  instrument  is  quietly  surrendered  on  request  of  the 
superintendent,  none  but  the  parties  immediately  concerned  need  be  apprised  of  the 
transaction.] 


6.   MORTGAGE  BY  HUSBAND  AND  WIFE  TO  COUNTY  SUPERINTENDENT.   [§  19.] 

This  indenture,  made  this  ....  day  of ,  A.  D.  18. .,  between  A.  B..  and  C.  D.. 

wife  of  the  said  A.  B ,  party  of  the  first  part,  and  E.  F.,  county  superintendent  of 

schools  of  the  county  of ,  and  his  successors  in  office,  party  of  the  second  part, 

Witnesseth:  That  the  party  of  the  first  part,  for  and  in  consideration  of  the  sum  of 

dollars,  to  them  in  hand  paid  by  the  party  of  the  second  part,  the  receipt 

whereof  is  hereby  acknowledged,  have  bargained,  sold,  aliened,  released,  conveyed 
and  confirmed,  and  by  these  presents  do  bargain,  release,  sell,  convey  and  confirm  unto 
the  said  party  of  the  second  part,  forever,  all  that  certain  tract  of  land  known  and 
described  as  follows  to  wit:  [Here  insert  description  of  land.]  Together  with  all  the 
tenements,  hereditaments  and  appurtenances  thereunto  belonging  or  in  anywise  apper- 
taining, and  also  all  the  estate,  right,  title  and  interest,  dower  and  right  of  dower, 
property  possession,  claim  and  demand  whatsoever,  of  the  said  party  of  the  first  part. 

And  for  the  consideration  aforesaid,  the  party  of  the  first  part  hereby  waives  and 
releases,  confirms  and  transfers,  and  forever  relinquishes  to  the  said  party  of  the  sec- 
ond part,  all  right,  interest  or  title  they  now  have  or  may  hereafter  acquire,  in  and  to 
the  real  estate  hereinbefore  described,  by  virtue  of  a  law  of  the  state  of  Illinois,  ap- 
proved February  11th,  a.  d.  1851,  entitled  "An  act  to  exempt  homesteads  from  sale 
on  execution,"  and  all  laws  amendatory  thereof;  to  have  and  to  hold  the  above  men- 
tioned and  described  premises,  with  the  appurtenances  thereunto  belonging,  unto  the 
saidrparty  of  the  second  part,  forever. 

This  conveyance  is  intended  as  a  mortgage  to  secure  the  payment  of  the  sum  of 

dollars  in  ....  years  from  the  date  hereof,  together  with  interest  at  the  rate 

of  .  .'per  cent.,  payable  semi-annually  in  advauce,  according  to  the  condition  of  a  cer- 
tain promissory  note  bearing  even  date  herewith,  executed  by  the  said  A.  B.  to  the 
said  part}-  of  the  second  part;  and  these  presents  shall  be  void  if  such  payment  be 
made.  But  in  case  default  shall  be  made  in  the  payment  of  the  principal  or  interest, 
20 


,.  HOOL    r-    l  R1  MBNTB. 


■      •■  ud  in  the  DMDOM  i  4w  and 

•  d,  then  the  party  of  thi 
II  ii,,.  prem  bed,  with  all  and  i 

of  n„.  nppuri  'I  any  part  thereof,  in  the  mannei  I  by  law,  and  out 

,,f  ihe  mom  '  '  acipal  and 

witl,  i  in  making  such  Bale,  and  ll 

■ball  !"•  paid  by  tl  on  demand,  I  '•  i^rt, 

J,,.;,,  i  ild  .\   B.,  for  bimaelf,  bis  h< 

unto  the  laid  party  of  the  »  cond  part, 
ol  money  and  Intereal  aa  above  mentioned  and  aa  expressed  in  1 
,:.  .  note, 

In  witneea  whereof  the  party  of  the  drat  part  huro  hereunto  set  their  hun'ls  and 
Mini.1'  iiii*  ....  day  of a.  d.  in. . . 

I  .  A.   Ii.   (sKAL.l 

'  0.  D.  iWlJ 

Btati  is,      ) 

CI  untij.  \ 

undersigned within  and  for  the  count 

• who  ....  pereonally  known  to  me  aa  the  reaJ  person.,   by  whom  aud  in 

bove  conveyance  was  i  and  by  whom  and  in  whose  name 

cknowledged 

signatures  thereunto  to  be free  and  voluntary  act  and  di 

the  purpose  of  waiving  and  releasing  all  right,  title  and  Interest  In  and  to  said  land 
by  virtu.'  of  the  I  temption  laws  ol  ,  and  for  all  other  purposes 

and  the  said ,  being  by  mo  first  exami  ite  and 

apart  fi  lid  husband,  and  the  contents  of  said  conveyance  being  first  made 

known  to  her,  acknowledged  that  I  voluntarily,  with  mpulsion  or 

i  from  her  said  husband,  Bhe  executed  the  same  and  forever  released  and 
waived  all  right,  interest,  or  title  to  the  said  real atate,  by  virtue  of  the  homestead 
exemption  laws  of  said  quished  all  her  right  to  the  claim  of  dower  in  and 

to  the  lands  and  tenements  in  said  conveyance  described,  and  sold,  tran 
conveyed  all  her  title    in  fee  simple  or  right  by  inheritance  in  and  to  the  real 
aforesaid,  and  that  Bhe  docs  not  wish  to  retract  the  same. 

Given  under  my  hand  and  seal  this.  ....  day  of   . . . .,  A.  D.  18. .. 


1.     MAGISTRATE'S  RKI'ORT  to  county  superintendent.     [§  82.] 

Report  of  the-  docket  of Justice  of  the  Peace,  in  township  . ,  range 

county  of state  of  Illinois,  made  on  the  .  .   day  of 18. .. 


Names  (if  persons 
fined. 


Date  of 
fine. 


Amount 
of  fine. 


Amount 
Collected 


Am't  transmitted 
to  county  sup'u 


Name  of  officer. 


[Exempt.] 

To ,  County  Sup'L 


J.  P. 


State  ok  Illinois,      \ 

County.  J  I, ,  on  oath,  say  that  the  above  statement 

by  me  rendered,  is  correct,  aud  includes  all  moueys  belonging  to  the  school  fund,  since 
my  last  report,  (or,  if  recently  come  into  office, — since  the  beginning  of  my  term  of 
qffice.)     This day  of ,18...  ,  J.  P. 


[The  party  making  this  report,  being  himself  a  justice  of  the  peace,  it  is  deemed 
sufficient  for  him  to  Touch  for  its  correctness  on  his  own  official  oath  as  a  magistrate.] 


FORMS    OF    SCHOOL   INSTRUMENTS.  307 

8.    superintendent's  account  against  county  for  services,     [g  71.] 

,  18. ..  County, 

To Dr. 

For days  of  service  rendered  as  county  superintendent  of  schools,  at 

$5.00  per  day, $ 

I, ,  on  oath,  state  that  the  above  account  by  me  rendered  against 

county,  is  correct  and  true.  , 

\  Sup't  Schools,  said  county. 

Subscribed  and  sworn  to  before  me  this  ) 

day  of ,  A.  D.  18...  [ 

[Exempt]  


9.      MORTGAGE   TO   TRUSTEES.       [§    58.] 

This  indenture,  made  this  ....  day  of ,  A.  D.  18. .,  between  A.  B.  and  C. 

D.,  wife  of  A.  B..  party  of  the  first  part,  and  the  board  of  trustees  of  township   .  . . ., 

range  . . . .,  in  the  county  of and  state  of  Illinois,  party  of  the  second  part, 

Witnesseth:  That  the  party  of  the  first  part  do  hereby  grant,  convey  and  transler  to 
the  party  of  the  second  part,  for  the  use  of  the  inhabitants  of  said  township,  the  fol- 
lowing described  real  estate,  to-wit:  [Here  insert  description  of  premises.]  Which 
real  estate,  the  party  of  the  first  part  declnres  to  be  in  mortgage  for  the  payment  of 
dollars  loaned  to  the  party  of  the  first  part,  and  for  the  paymeut  of  all  inter- 
est that  may  accrue  thereon,  to  be  computed  at  the  rate  of  .  .  per  cent,  per  annum, 
payable  semi-annually  in  advance,  until  paid;  and  the  party  of  the  first  part  does 

hereby  covenant  to  pay  the  said  sum  of  money  in years  from  the  date  hereof; 

and  the  party  of  the  first  part  hereby  covenant  that  they  have  a  good  and  valid  title  to 
said  estate,  and  that  the  same  is  free  from  all  incumbrance;  the  party  of  the  first  part 
agrees  to  pay  all  taxes  and  assessments  which  may  be  levied  on  said  estate ;  and  they 
also  agree  to  give  any  additional  security  that  may  at  any  time  be  required  by  the 
party  of  the  second  part;  and  if  said  estate  be  sold  to  pay  said  debt,  or  any  part 
thereof,  or  for  any  failure  or  refusal  to  comply  with  or  perform  the  conditions  or  cov- 
enants herein  contained,  the  party  of  the  first  part  agrees  to  deliver  immediate  pos- 
session of  the  premises.  And  for  the  consideration  aforesaid,  the  party  of  the  first 
part  hereby  waives  and  releases,  confirms  and  transfers,  and  forever  relinquishes  to 
the  said  party  of  the  second  part,  all  right,  interest  or  title  they  now  have,  or  may 
hereafter  acquire,  in  and  to  the  real  estate  hereinbefore  described,  by  virtue  of  the  law 
of  the  state  of  Illinois,  approved  February  11,  1851,  entitled  'An  act  to  exempt 
homesteads  from  sale  on  execution,"  and  all  laws  amendatory  thereof.  And  in  con- 
sideration of  the  premises,  C.  D.,  wife  of  the  said  A.  B.,  doth  hereby  release  to  the 
said  party  of  the  second  part  all  her  right  and  title  to  dower  in  the  aforesaid  premises 
for  the  purposes  aforesaid. 

In  witness  whereof  the  party  of  the  first  part  have  hereunto  set  their  hands  and 
seals,  this  ....  day  of  . . . .,  A.  D.  18     . 

[See  Schedule  Stamp  Duties.]  A.  B.  [seal.] 


C.  D.  [SEAL. 

County. 


State  of  Illinois,      )  ,_ 

>■  S3. 

Before  me,  the  undersigned within  and  for  the 

county  aforesaid,  came ,  who  ....  personally  known  to  me  as  the  real  person, 

by  whom  and  in  whose  name  the  above  conveyance  was  executed,  and  by  whom  and 
in  whose  name  the  same  is  proposed  to  be  acknowledged,  and  who  then  severally  ac- 
knowledged ....  signature  thereto  to  be  ....  free  and  voluntary  act  and  deed  for 
the  purpose  of  waiving  and  releasing  all  right,  title  and  interest  in  and  to  said  land 
by  virtue  of  the  homestead  exemption  laws  of  said  state,  and  for  all  other  purposes 

therein  expressed ;  and  the  said being  by  me  first  examined  separate  and  apart 

from  her  said  husband;  and  the  contents  of  said  conveyance  being  first  made  known 
to  her,  acknowledged  that  freely  and  voluntarily,  without  any  compulsion  or  coercion 
from  her  said  husband,  she  executed  the  same,  and  forever  released  and  waived  all 
rigbt,  interest  or  title  to  said  real  estate,  by  virtue  of  the  homestead  exemption  laws 
of  said  state,  relinquished  all  her  right  to  the  claim  of  dower  in  and  to  the  lands  and 


roBi  hool  a  i  ai  mi.- 

, ,1  h    iii    Mid    COl  "    !'    ''  r"  ''  M                          y"  *ltr 

tit:,.  ,;,  Inheritance  In  and  to  il".  n                                nd  that 

»iic  do                  to  retracl  I 

under  mj  ■  ■  •  •.  A-  ''•  lh-  •• 


! 


10.       TOWNSHIP    TUKASI.UIli'.  55.] 


/* 


Statk  OF  Tl  mmiis,       )  ^ 

^ 

Know  nil  men   by  tl  •'  and 

(Irmly  bound,  jointly  am  unto  the  board  of  in  p , 

in  said  county,  In  the  i"  nal  Burn  "i dollars,  fur  iii<-  payment  of 

d  administrators,  jolntl; 

lily,  llrmly  I- 

In  witness  whereof,  we  hare  hen  day  of 

'     D.  18... 
The  condition  of  the  Bbove  obligation  is  such,  that  If  A.  B., 

.  range  In  the  county  afo 

faithfull]  discharge  all  the  duties  of  said  office,  according  to  ll 

r.r  may  hereafter  be  in  force,  and  shall  deliver  t"  bis  successor  In  office  all  n 

rarities,  and  r,  tl't-n 

Ibis  obligation  to  be  void  ;  otherwise  to  remain  in  full  force. 
[Stai  /ar.]  B.  [BXAL.1 

0.   D.  [SBAL.1 

Approved  and  accepted  by  B.  P.  [seal.] 

G.  Tl.  ) 

I.    J.  [  Trustees. 
K.  L. 


11.       SKMI-ANNHAL    EXHIBIT   TO    DIRECTORS.       [§    63.] 

In  complinnce  with  the  requirements  of  section  G3,  of  the  amended  school  law  of 

18G5,  the  undersigned,  treasurer  of  township range in county, 

hereby  certifies  that  t  lie  following  is  a  true  and  correct 'statement  of  the  amount  of 
funds  now  in  his  hands,  belonging  to  district  No in  said  township,  viz: 


Amount  of  state  and  county  fund $. 

"  "  interest  on  township  fund 

"  "  district  tax  fund 


Dated  this day  of ,  A.  D.  18. .. 

[Exempt.]  Township  Treasurer. 

12.      RECEIPT   TO   TOWNSHIP   TREASURER.      [§    G7.] 

Received 18 of  the  treasurer  of  township   ,  range 

county  of     ,  the  sum  of dollars,  on  account  of  district 

No.     . . ..  township ,  range ,  in  the  county  of 

[Two  cents,  when  over  $20.]  

13.      TOWNSHIP   ELECTION   NOTICE.      [§    25.] 

Notice  is  hereby  given,  that  on  Monday,  the  ...  day  of next,  at , 

in  township  No ,  range county.   Illinois,  an  election  will  be  held 

for  ....  school  trustee for  said  township.     Which  eleciicm  will  be  opened  at  . . 

o'clock,  .  .  M..  and  will  continue  open  until  . .  o'clock,  . .  M.,  of  the  same  day. 

By  order  of  the  trustees  of  schools  of  said  township. 


Dated ,   186. 


Township  Treasurer. 


FORMS    OF    SCHOOL    INSTRUMENTS. 


309 


14.      POLL  BOOK.      [§   30.] 

List  of  voters  at  an  election  held  at ,  in  township  No range  No. 

county,  Illinois,  on  Monday,  the   . . .   day  of  . . . .,  18 . . . 

State  of  Illinois, 

County. 

"We, , , ,  judges,  and   ,  clerk,  do  solemnly 

swear  that  we  will  perform  the  duties  of  judges  and  clerk,  according  to  law  and  the 
best  of  our  abilities;  that  we  will  studiously  endeavor  to  prevent  fraud,  deceit  and 
abuse  in  conducting  the  same. 


>  ss. 


,  Clerk  of  Election. 

Subscribed  and  sworn  to  before  me  this 


day  of 


■  Judges  of  Election. 
.,18... 


No. 


Names  of  Voters. 


15.      TALLY   LIST.       [§    30.] 

Tally  list  of  an  election  held  at ,  in  township  No ,  range  No , 

in  the  county  of ,  111.,  for  school  trustee  for  said  township,  on  the  ....  day 

of ,  18... 


Names  of  persons  voted  for. 


Tallies. 


16.      RETURNS  OF  TOWNSHIP  ELECTION.      [§   30.] 

At  an  election  held  at ,  in  township  No ,  range  No ,  in  the 

couuty  of ,  Ills.,  on  the  ....  day  of ,  18. .,  the  following  persons  re- 
ceived the  number  of  votes  set  opposite  to  their  respective  names,  for  the  office  of 
school  trustee  of  said  township : 


Names  of  persons  voted  for. 


Whole  number  of  votes  cast  for  each  person. 


Certified  by  us, 
Attest, 


Clerk  of  Election. 


Judges  of  Election. 


17.      NOTE   TO  TOWNSHIP   TREASURER.      [§   57.] 

$ 18.. 

after  date,  for  value  received,  we,  jointly  and  severally,  promise  to 

pay  to  the  board  of  trustees  of  schools  of  township ,  range in  the 

county  of ,  for  the  benefit  of  the  inhabitants  of  said  township,  the  sum 


BIO  l  "l;M      I  i       I  BOOL    [Kfi  I  ai  Ml.  • 

of dollars,  trlth  Interest  tbereon,  at  the  rate  of  . . . .  per  cent  per  annum, 

from  date  until  paid,  payable  semi-annually  in  adi  further  a( 

.  .m  enj  time  n  quire;  and 

d  .,i  the  tin i  payment,  with  or  without  our  knowledge,  by  the  receipt  of 

tor  other*  :  "'  "M  from  the  obligation  <  > 


■dulr  Kla>   :  

18.  [.'■  '■'■  \ 

quired  bj  ooi  the  amended  school  law  of  1865,  the         i 

signed,  treaaurer  of  townahip  range  , county,  hei 

efure  the  board  of  truau  I  township,  a  true  and  cornet  ilatemi 

the  Bmount  of  inti  •  i  end  profits  that  have  accrued  on  ib» 

funds  Of  ssid  township  lince  the  laal  semi-annual  n  t  with  the  \ 

oondition  of  said  funds,  and  the  amount  now  on  band,  viz: 

A.mount  of  interest  on  township  fund,  received $ 

"  '•  rents  on  township  lands,  i  

"  "  Btate  fund  on  band  

"  "  Interest  on  county  fund  on  band 

[Ad<l  other  items  u  the  case  may  require.] 

Dnt.nl  this day  of    ,  A.  D.  18. .. 

rnpfc]  Treasurer. 


19.       CERTIFICATE    OF    TOWKSHIF    MAP.       [§    33.] 

Tn  compliance  with  the  requirements  of  the  D  of  the  amended  school  law 

..   the    undersigned,  president  and  clerk  of  tho  bi  Dsbip  trustees  of 

schools,  of  township ,  range ,  in county,  lllii 

certify  that  the  accompanying  map  is  a  tiue  and  correct  plat  of  the  tchool 
districts  in  said  township,  as  now  organized. 

Dated  this day  of ,  A.  D.  18. . 

,  Clerk.  President  of  the  board. 

npt.] 

20.    directors'  bond  for  borrowed  money.     [§  47.] 

Know  all  men  by  these  presents,  that  school  district,  No ,  in  township  No. 

....  range  No ,  in county,  state  of  Illinois,  is  indebted  unto 

in  the  sum  of     dollars,  for  money  borrowed,  according  to  the  instructions  of 

the  voters  of  said  district,  expressed  by  a  vote  as  prescribed  by  the  lorty-seventh 
section  of  the  school  law  of  1865.  to  be  paid  in  ... .  year. .  from  date,  with  interest 
thereon  from  the  date  hereof,  at  tho  rate  of  ... .  per  cent,  per  annum,  interest  payable 
annually. 

Dated  this day  of     ,  18. . . 

In  witness  whereof,  we,  the  school  directors  of  said  district  have  hereunto  set  our 

hands  and  seals.  [seal.] 

...  [seal.] 

[Exempt.]  [seal  J 

21.      DISTRICT   ELECTION   NOTICE.      [§   42.] 

Notice  is  hereby  given,  that  on  Monday,  the day  of 18. . .,  an 

election  will  be  held  at ,  in  school  district  No.     ...township     , 

range ,  county  of ,  and  state  of  Illinois  for  the  purpose  of  electing  .... 


FORMS  OF  SCHOOL  INSTRUMENTS.  311 

school  director. .  for  said  district.     The  polls  will  bo  opened  at o'clock    . . . 

M.,  and  closed  at o'clock  ....  M.,  of  the  same  day. 

Dated  this  ....  day  of ,  18 ... . 


School  Directors. 


[Notices  of  meetings  to  vote  on  various  business  questions  may  be  in  substantially 
the  same  form,  except  that  such  meetings  are  not  required  to  be  held  on  Monday,  but 
may  be  held  on  any  other  day.  of  the  week.  The  various  questions  to  be  *voted  on 
should  be  clearly  stated,  and  it  is  recommended  that  each  question  or  proposition  be 
voted  upon  separately.  The  poll  book,  tally  list,  and  returns  of  district  elections  are 
substantially  the  same  as  of  township  elections,  forms  for  which  have  already  been 
given] 

22.     directors'  tax  certificate.     [§  44.] 

We  hereby  certify,  that  we  require  the  rate  of to  be  levied,  for  school 

purposes,  on  all  the  taxable  property  of  our  district,  for  the  year  18....,  and  also 
that  the  following  is  a  list  of  tax-payers  in  said  district. 

)  Directors  of  District  No 

YT ,  E.,..,  County  of 

Dated 18....  )  and  state  of  Illinois. 

[Exe?npt.] 

[The  foregoing  certificate  must  be  returned  to  the  township  treasurer  on  or  before 
the  first  Monday  of  September,  and  to  it  there  must  be  attached  a  list  of  the  tax- 
payers of  the  district,  with  the  names  written  out  in  full,  and  in  alphabetical  order.] 


23.      ORDER   ON  TOWNSHIP   TREASURER.      [§    67.] 
$ 18   ... 

The  treasurer  of  township ,  range  . . . .,  in  the  county  of     . .  ,  will  pay 

to or  order,  out  of  any  funds  in  his  hands  belonging  to  district  No.  . . .  , 

township ,  range  . . . .,  in  said  county,  and  not  otherwise  appropriated,  the 

sum  of dollars,     [Here  insert  for  what  the  money  is  paid.] 


Directors  of  said  district 
[Exempt] 

[It  is  safer  to  make  the  money  payable  to  order  instead  of  hearer.     On  receiving  the 
money  the  payee  will  endorse  his  name  on  the  order.] 


24.      PERMIT   OP   TRANSFER.       [§    35.] 

Consent  is  hereby  given  for and ,  etc.,  being  residents  of  dis- 
trict No ,  township   ,  range    , county,  and  of  lawful 

school  age,  to  attend  the  free  school  taught  in  district  No ,  township  . . . .,  range 

county,  until  the  ....  day  of ,  A,  D.  18. . . . 

Dated  this. . .  .day  of ,  A.  D.  18. . . .  . 

)  Directors  of  Dist.  No. . .  \  Directors  of  Dist.  No. . . 

[•  T.  .  .R.  ..county  of YT...R.  .  .county  of 

)  and  state  of  Illinois.  )  and  state  of  IU\ 

[Exempt.'] 

[The  permit  should  first  be  signed  by  the  directors  of  the  district  where  the  pupils 
reside,  and  then  by  the  other  directors — one  form  will  thus  answer  for  both.] 


112  BOOL  IK  ITS. 

■>  ii  and  DIBBOTORa      |  52  ] 

Ani  ■  n a  icbool  teacher,  of comity, 

Iiiiii...  No. ran 

county  of Illinois. 

ben 

n  of  ........  w  ..  and  that 

will  faithfully  in  iti  ucl  and  Impai 

attend  that will  refrain  from  all  profanity  and  impn 

la,  their  presei ;  will  institute  do  cruel  or  udii  at,  Bnd  will 

promptly  roporl  to  tfa  ebolara 

wi ay  be  tjruiH  »r  Incorrigibly  bad  conduct 

furth  at  he  will 

regulal  bed  b;      Bid  board  of  dii  boot,  and  will  faithfully 

i  all  the  dul  Bd  of  a  teacher  by  the  p  fifty,  fifty- 

two  and  fifty-three  of  the  icbool 

The  raid  school  directoi 

in  the  name  and  In  behalf  of  the  district  aforesaid,  ben  •  p  the 

■  in  which  I  is  to  be  taught,  in  good  repair,  i 

with  the  necessary  fuel  and  appendages  for  the  comfort  and  i 

acher  ;u.  I  to  pay  the  Baid    '  er,  tluj 

mini  of dollars  per  month,  of  four  wei  ks,  of s<  ■: hour* 

each:   Provided,  That  In  case  the  said Bhould  be  I   from  said 

by  the  said  directors,  or  their  i  e,  for  incompetency,  ci  ^ence, 

illty,  or  ii  violation  of  Buy  of  th"  stipulations  of  this  contract,  or  In 

te  Bhould  I  by  the  county  superintendent, shall  not  bo  en- 

tion  after  Buch  dismissal  or  revocation. 

In  7!  i  ,  We  have  hereunto  subscribed  our  names  this day 

of  ,  18 ,    Ttucher. 


[Extnqit.]  ) 


Dii  ecton. 


26.    receipt  for  teachers'  schedule.     [§  54.] 

School  District  No ) 

T R county  of [■ 

IS J 

Received  of  A.  B.,  teacher  in  the  above  named  district,  schedule  of  school  taught 

by  him,  commencing  on  the day  of A.  D.  18 and  en 

<lay  of ,  A.  D.  18 ,  on  which  schedule  there  is  due   said  A.  B.  the 

sum  of dollars.  C.  D.  ) 

E.  F.  '-Directors. 
mpt]  G.  EL  ) 

[By  naming  in  the- receipt  the  amount  due  on  the  schedule,  the  teacher  is  protected 
in  case  of  the  loss  of  the  schedule.] 


27.      CERTIFICATE   OP    UKION   DISTRICT.       [§    35.] 

Wo  the  undersigned,  school  directors  of  districts  No ..,  and  No in  town- 
ship   range ,  in county,  and   state  of  Illinois,  do   hereby  certify, 

pursuance  of  the  authority  vested  in  us  by  the  35lh  section  of  the  school  law 

i,  we   have   this  day   united  and  consolidated  the  above  named  districts,  and 

formed  therefrom  anew  district,  under  the  name  and   -  Ihion  District  No. 

Township range of  said  county  and  state:     And  we  do  further 

certify,  that  in  accordance  with  the  authority  aforesaid,  we  have  appointed , 

•••• , ,  as  the  tirst  board  of  directors  of  said  Union  District:   And  that 

8a>d ,   ,  having  been  severally  notified  of  their  said  ap- 


FORMS  OF  SCHOOL  INSTRUMENTS.  313 

pointmeut,  and  having  duly  accepled  the  same,  the  separate  boards  of  directors  of  dis- 
tricts No ,  and  No ,  aforesaid,  are  hereby  declared  dissolved. 

Given  under  our  hands  this day  of ,  A.  D.  18 

Directors  of  )  Directors  of 

District  No [  District  Xo..., 

.  T. ,  R )  T. ,  R ! 

[Exempt.'] 


28.      CERTIFICATE   OF    PURCHASE.       [§    92.] 

Know  all  men  that  I, ,  county  superintendent  of  schools  for  the  county 

of have  this  day  sold  to of  the  county  of and 

state  of  Illinois,  the  following  described  school  lands: 


in  consideration  of dollars  to  me  paid,  and  of  a  note (here 

describe  it,) 

in  conformity  with  the  provisions  of  the  school  law,  and  that  upon  the  payment  of  the 
aforesaid  note,  (or  notes,)  and  the  surrender  of  this  certificate,  the  said  purchaser,  or 
his  assigns,  will  be  entitled  to  a  patent  from  the  state  for  said  lands. 

•Given  under  my  hand  at this day  of A.  D.,  1 8 . . 

County  Superintendent  of  Schools. 

[Exempt.] 


SI  am  p    Du  ties   Oil    School 
I  nsl  ru  in  cuts. 


A  \r.\\  internal  revenue  law  was  passed  by  Congress,  July  18, 
L866,  and  tools  eflfecl  August  1,  1866.  By  thai  acl  all  official 
Instruments,  documents  and  papers  issued  l>v  1 1 1 r ;  officers  of  any 
state,  county,  town  or  municipal  corporation,  in  the  exerci 
functions  strictly  belonging  to  them  in  their  ordinary  governmental 
and  municipal  capacity,  are  exempted  from  taxation. 

By  the  act  of  March  2,  1si'»7,  amendatory  of  the  above  men- 
tioned act,  all  affidavits  are  exempted  from  stamp  ta 

For  the  information  and  guidance  of  school  officers,  teachers, 
and  all  others  concerned,  I  have  prepared  the  subjoined  schedule 
of  the  various  instruments  pertaining  to  the  common  Bchool  system 
of  Illinois,  showing  the  liability  of  each  instrument  under  the  late 
acts  of  congress.  The  instruments  are  numbered,  consecutively, 
for  convenience  of  reference,  and  the  designation  of  each  one  is 
followed  by  the  section  of  the  school  law  (in  brackets)  requiring 
it.  It  is  believed  that  the  schedule  embraces  all  instruments  re- 
quired by  the  common  school  laws  now  in  force  in  this  state.  It 
is  prepared  in  accordance  with  instructions  and  interpretations  of 
the  acts  of  congress  received  from  the  Commissioner  of  Internal 
lie  venue,  and  on  file  in  this  office. 


STAMP    DUTIES    ON    SCHOOL    INSTRUMENTS.  315 


SCHEDULE  OF  STAMP  DUTIES. 

School  instruments  are  subject  to,  or  exempt  from,  stamp  taxes 
as  follows,  viz : 

1.  Bond  of-  County  Superintendent,  (§  12,) One  Dollar. 

2.  Bond  of  Township  Treasurer,  (§  55.) One  Dollar. 

3.  Receipt   of    Township  Treasurer,  (§15,) Exempt 

4.  Certificate  of  County  Superintendent,  in  appeals,  (§  20,) Exempt. 

6.  Conveyance  to  purchasers  of  school  lands,  (§  22,) Exempt. 

6.  Poll  Book  and  certificate  of  election,  (§§  20,  42,) Exempt. 

7.  Certificate  of  township  map,  (§  33,) .      Exempt. 

8.  Written  consent  of  directors  to  transfer  pupils,  (§  35), Exempt. 

9.  Conveyance  of  school-house  sites,  (§  39), Exempt. 

10.  Directors' certificate  of  rate  tax,  (§  44,) Exempt. 

11.  Tax  certificate  of  county  clerk,  (§  45,) Exempt 

12.  Tax  receipt  of  township  treasurer,  (§  45,) Exempt. 

13.  Bonds  of  school  directors  for  money  borrowed,  (§  47,) Exempt. 

14.  Teacher's  certificate  issued  by  County  Superintendent,  (§  50,)     .     .     .      Exempt. 

15.  Renewal  of  teacher's  certificate  by  County  Superintendent,  (§  50.)     .      Exempt. 

16.  State  certificate  issued  by  State  Superintendent,  (§  50,) Exempt 

17.  Teacher's  certificate  on  "schedule,  (|  53.) Five  Cents. 

18.  Directors'  certificate  on  schedule,  (§  53,) Exempt 

19.  Receipt  of  Directors  for  schedules  delivered  to  them,  (§  54,)     .     .     .      Exempt 

20.  Mortgages  taken  by  township  treasurer  as  )  s  fo  ^    m  a  mortgage. 

security  for  money  loaned,  (§  58,)     .     .    )        J  * 

21.  Notes,    bonds,    etc,    taken   as    security   for    money  )  ^  &.  d  scheduU  R 

loaned,  (§  57,) )        J  * 

22.  Certified  statement  of  Township  Treasurer,  (§  63,) Exempt. 

23.  Orders  of  School  Directors  on  township  treasurer,  (§  67,)     ....      Exempt 

24.  Receipt  of  person  to  whom  i  ^         fe  whm  received  exceeds  twmt    doUars. 

paid,  (§  b7,)     .     .     .     .    )  ' 

25.  Certificate  and  jurat  of  County  Superintendents  to  their  accounts  for  )      Exempt 

services  rendered, ) 

26.  Report  and  jurat  of  clerks  of  courts  of  record  and  justices  of  the  )      Exempt 

peace,  (§  82,) J 

27.  Petition  and  affidavit  for  the  sale  of  common  school  lands,  (§  83.)     .     .      Exempt 

28.  County  Superintendent's  certificate  of  purchase  of  school  lands,  (§  92,)      Exempt 

29.  County  Superintendent's  transcript  of  sale,  (§  94,) Exempt 

i  Exempt  when  signed  by   the  proper  officers. 
When  signed  only  by  private  individuals  it  is 
subject  as  a  lease. 
31.  Written  agreement  or  contract  to  build  or  repair  school-houses,     .    Same  as  Ko.  30. 

J  Exempt,  when  the  treasurer  is 
required  by  law  or  regulation  to 
deposit  his  funds;  but  when  such 

of  Directors, \  deposit  is  made  as  a  matter  of  per- 

y  sonal  convenience  they  are  subject 

33.  Agreement  or  contract  between  teachers  and  Boards  of  Directors  to  teach,    Exi  mpt 

34.  Census  reports  of  Township  Trustees  to  County  Superintendent  as  )      Exempt 

basis  of  distribution  of  public  funds,  (§  36,) ) 

35.  Certified   statistical  report  of    Directors   to    Township    Treasurer,  )      £xemvi 

(§  2,  Amend ,) •    > 

36.  Receipt  of  Township  Treasurer  to  County  Superintendent  for  dis-  )      £xeJnpi 

tributive  share  of  school  fund  paid  over,  (§  16,) ) 


CALENDAR  01  SCHOOL    ELECTIONS  AND    DUTIES. 


1 .  lay  first  ol  N'o- 

rember,   \   D.  i   i  Irenniully  thereafter. 

Monday  i:. 
md  quadrennially  titer 

I  :  first  Mon 

■  .'.ly. 

<i  BTo- 
r,  ann  lally. 

7.  /'.  -First  Mondays  of  April  and  Ocl 

8.  Report  of  Trustees  to  Co  M  annu- 
ally. 

• — First  Monday  of  October,  annually. 

10.  Return  of  Directors'  Tux  Certificate  to  rer — First  Moo 

annually 

11.  Return  of  st  Treasurer  to  Clerk  of  County  <'<jurt — Second  Mon- 
day of  >■  ;•'  mix  r,  annually. 

12.  1  /  District  Tax  Funds  by    Collector  to  Township  Treasurtr — First  of 
April,  annually. 

13.  /Schedules  to  Directors — As  soon  as  completed. 

II      I:       i  of  Schedules  to  '!'■    nship  Treasv  ttors — Ou  or  before  the  Sat- 

nrday  preceding  the  first  Monday  in  April  and  October. 

15.  / Township  Treasurer  to  Board  of  Trustees — First  Mondays  of  April 
and  Oc 

16.  Settlement  of  Township  Treasurers  with  Boards  of  Directors — First  Mondays  of 
April  and  October. 

17.  Payment  of  Auditor's  Warrant  by  Collector — Ou  or  before  the  first  day  of  March, 
annually. 

IS.     Reports  of  Clerks  of  Courts  of  Records  and  Justices  of  the   Peace,  to  County  Su- 
perintendents—(  m  or  before  the  first  of  March,  annually. 

19.  School  Year — Commences  October  1  ;  ends  September  30. 

20.  io!  Law  took  effect  February  16,  1C 

21.  Latest  amendment,  in  force  February  23,  1SG7. 


Index  to  School  Law. 


Accourits  of  Treasurer,  how  to  be  kept,  24 

Acts,  this  act  not  to  repeal  special  acts,  -  33 

What  repealed  by  this  act,       -  39-40 

Amending   Schooi  Law,            -           -  40 

Apportionment,  how  made,        -            -  5 

How  made  in  forming  new  districts,  -  10 

Attachment,  in  what  cases,  may  issue,  -  19 

Auction, lands  may  be  sold  at.  by  trustees,  14 

Auditor  of  Public  Accounts,  hi*  duties,  30 

Shall  make  dividends  of  school  funds,  30 

Shall  issue  warrants  for  same,            -  30 

Boards  of  Directors,  when  to  be  dis- 
solved.   -            -            -            -            -  12 
Bonds,  of  state  superintendent,  -  1 
Of  county   superintendents,     -            -  3 
Directors   may    issue    for    borrowed 

money,              -           -           -           -  18 

Of  township  treasurer,  -           -           -  23 

Certificates,  of  board  of  directors,          -  16 
Of  county  superintendent,        -            -  19 
Grades  of,                                                  -  19 
Of  teachers,         -            -           -            -  22 
Of  directors  to  schedules,         -           -  22 
Of  purchase  to  be  given!            -            -  38 
Change  of  name  of  school  commissioner,  33 
Circulars,  to  be  issued  by  superintendent,  2 
Clerk,    of  board   of    trustees,   how    ap- 
pointed.            -            -            -            -  10 
Of  board  of  directors  to  sign  bonds,    -  18 
County,  to  make  computational' taxes,  16 
Shall  deliver  certificate  to  treasurer,  -  17 
How  to  proceed  where  a  district  is  in 
two  townships,            -           -           -  17 
Clerks  of  courts  of  record  to  report  to 

county  superintendent,         -           -  35 

Penalty  for  failure  to  do  so,      -            -  35 
Collector,  to  pay  over  taxes  to  township 

ti  easurer,          -            -            -            -  17 
To  pay  over  taxes  on  warrant  of  audi- 
tor,        -           -           -           -           -  30 
Compensation  of,            -           -           -  30 
Compensation,  of  superintendent,         -  3 
Of  collectors,        -           -           -           -  30 
Of  county  superintendents,      -            -  30 
Of  township  treasurers,  -            -            -  31 
Of  county  treasurers,      -           -            -  31 
Consolidation  of  two  or  more  districts  -  11 
Conveyances  of  school  sites,  how  exe- 
cuted,    -            -            -            -            -  13 
To  trustees,  how  to  be  made,    -           -  13 
Costs,  none  to  be  charged  against  school 

officers,  in  certain  cases,        -            -  33 

Of  suits  for  trespassing  on  school  lands,  35 
County  Superintendents  successors  to 

school  commissioners,          -  4 

To  examine  treasurer's  bond,  -  5 

To  loan  county  funds',    -            -            -  6 
Not  to  pay  futids  till  treasurer's  bond 

is  filed, 5 

Liable  to  removal  for  failure  to  report,  6 

To  visit  every  school  once  a  year,        -  6 

To  form  teachers' institutes,"    -  6 

To  hold  meetings  quarterly,     -           -  20 


PAGE. 

County  Stiperintendents,  not  to  charge 

fee  for  certificates,      -          -          -  20 

To  receipt  fur  lines,  etc..            -           -  35 
To  bring  suits  against  clerks  and  jus- 
tice                       -.        -           -           -  35 
Courts,  county,  may  remove  county  su- 
perintendents,-          -           -           -  4 
May  require   new  bond  from  county 
superintendent.          -                   .  -  4 

Damages  against  collector,          -          -  17 

On  breach  of  mortgage,  -          -          -  26 

Debts,  due  to  schools,  to  be  first  paid,     -  26 
Directors,  school  or  district  : 

Duty  of,  to  transfer  pupils,       -          -  11 

To  draw  orders  for  money,       -          -  28 

To  have  control  of  school-houses,  etc.,  13 

Election  of,         -          -                     -  14 

Shall  not  he  trustees,      -            -            -  15 

Shall  not  be  interested  in  contracts,   -  15 

May  levy  a  tax  for  school  purposes,    -  16 
Shall  determine  what  rate  per  cent. 

shall  be  levied,  -  -  -  16 
Certificate,  -  -  -  -  16 
To  return  certificate  to  township  treas- 
urer, -  -  -  -  -  16 
Shall  inform  collector  to  what  treasur- 
er to  pay  over  taxes,  -  -  -  17 
What  sum  may  be  borrowed  by,  -  18 
What  sum  may  be  levied  by,  "-  -  18 
To  be  a  body  corporate,  etc",  -  -  18 
May  purchase  libraries,  -  -  16 
Shall  establish  schools,  erect  housi  -. 

etc.,         -            -           -            -           -  18 

May  locate  school-house  site,  -           -  18 

Must  have  six  months'  school  or  more,  18 
To  receive  pupils  between  6  and  21 

years,     -          -          -          -          -  18 

Shall  visit  schools,          -           -            -  18 

Shall  appoint  teachers,  -          -          -  18 

May  dismiss  them,         -          -          -  18 

Liable  for  balance  due  teachers.          -  18 

When  execution  may  issue  against,   -  19 

Shall  examine  and  certify  to  schedules,  22 

Shall  file  schedule  with  treasurer,         -  22 

To  receipt  for  schedules,         -          -  22 

Liable  for  loss  of  schedule,       -          -  22 

Exempt  from  working  on  roads,          -  31 

Liabilities  of,        -           -           -           -  31 

Of  union  schools,  how  appointed,       -  u 

Distribution,  how  made  in  new  districts,  10 

Of  taxes,  to  counties.      -             -             -  30 
Districts,   school   may  be  formed  from 

two  or  more  townships,         -           -  10 
Pupils,  m«y  be  transferred  from,        -  11 
In  case  of  division  of,  funds  (o  he  dis- 
tributed,            -           -           -            -  10 

Election,  of  state  superintendent,           -  1 

<  if  county  superintendents,      -          -  3 

Of  trustees  or  schools,   -          -          -  8 

Manner  of  conducting,  for  trustees,  -  9 

Ofschool  directors,         -            -            -  14 
Shall  be  held  before  issuing  bonds  for 

borrowed  money,        -           -           -  18 


818 


INDEX  HOOL    LAW. 


PASS, 

Election,  ih  ill  be  i"  Id  In  ordt  I  lo  • 

1 1 

I    Kill lilt", 

I  I 

(  .1  ..  ,   hi  i  ■.  -  -  -  -    80 

I   tempi  lull 

- 
i  ,  tn «|    tdmlnlst  ratora  shall 

I      Mil.  I 

•III. .'1 

County,  ni;i\  !"•  loam  d,  -  f> 

how  divided  hi  new  districts,  10 

n    •.  (|    ii  ibuied  by  trustees,  1 1 

tute  the  pi Inolpal  •■(,    88 
ii.  it  to  be  paid  out)       -  -  -38 

Form  -I  ordi  r,  ...    38 

Whal  <  tul hool,  - 

Dh  Idendu  to  be  made  by  auditor,       -    10 
'I'n  be  paid  on  auditor*!  won  ai  I 

• 

...I   gl    i  nl  -  may   )■■■  liiu.li-   U)  trll"t- 

.      IP, 

i.i  i.i.  ■  .,(   j  .  it  tflcates,  -  -  -    iu 

Higher  Branches  may  be  taught)         -    M 

iin|irii\  etnenti  liable  to  be  dei  troj  ed, 

ii. 'i  be  Included  In  moi                     -  90 

Interest ,  mi my  loam  d,                    -  i> 

Of  county  fund  now  to  be  applied!     -  6 
Whit  rate  of,  may  be  levied  by  direct- 
ors,       -          -          -          -          -16 

(in  in  n.  \  borrowed  by  directors]      -  18 
monej  loaned  bj  I 

i  failure  t<>  pay,  28 

Judgments  :m<l  Executions,  real  es- 

i  ii y  be  purchased  bj  true 

in  satisfaction  of,        -  -  -    14 

Poi  tinsl  collector,  -    17 

May   be   rendered    l>y    county  court 

otor,         -  -  -    19 

a  lien  fi  om  date  of  process,       -    32 
Jnatlcea  of  the  Pence,  to  have  jurisdic- 
tion in  cei  tain  cases,  -  -  -    35 
in  case  "i  raiiureto  pay  over  fines,  etc.,    36 

To, en  fori ideations  of  fines,  etc.,  -    35 

'in  pay  -iimo  to  county  superintend- 
ent,    -  ...  -    35 
Report  unilcr  oath  to  county  superin- 
tendent,           -          -          -  -    35 
Ity  for  failure  to  reporj,    -  -    35 

Lands,  school,  petition  for  sale  of,  to  be 
recorded,         - 

of  to  remain  valid, 
What  shall  constitute  school,    - 
Penalty  for  trespassing  on, 
Bales  of,  how  to  he  made, 
Terms  of  sale  of,  ... 

Place  of  selling,  - 

County  superintendents  shall  sell,  and 
how,       ----- 
Paj  menl  for,  how  to  be  made,  - 
Unsold,  how  to  be  disposed  of, 
Certificate  of  purchase  to  be  given,    - 
Transcript  of  sales  of,  to  be  made  to 

auditor,  - 
Purchasers  of.  to  receive  a  patent, 
Liabilities,  of  school  officers. 

Real  estate  bound  for  claims  against 
oers,  - 

Libraries  may  be  purchased  by  directors, 
I. nun-.,  i  r  money  by  treasurer  to  be  made, 

Mandamus  may  be  issued  in   certain 
cases,     -  -  -  -  - 

Haps  of  townships  to  be  prepared. 
Meetings  for  examination  of  teachers,    - 


Moneys,  to  be  dell  vered  to  county  super- 
intendent to  Hiiccpssor, 

■  loaned  bj  county  luperlntend- 

■  ii  order  <•(  the  d 
hool  purposes  DM  | 

Additional  secui  Ity  may  be  i  • 

H  "i  i  ■    i  ■.<  - . 

'1  ..  bi   lak<  ii  f'.r  mono)  Ii    I 

urer,      ..'... 
i  of,  - 

•  of  breach,  rail  may  i  ■ 
lalned,   ----- 
[mprovemi  i 
doi  to  >"•  included  m,  - 

\  ..I.  -,  iii  name  of  county  in] 

declared  valid,  ... 

•.  - 

N  ,,1  i,  . 

Ill  -  -  - 

lion  ol  .in.  • 
ction  to  change  school  ! 
<  »i  in. 
ers,         .... 


Office,  -      l 

Term  of  county  superintendent,  -     -i 

Term  of  trd                    -          -  -  «  8 

OiBoers  of  Schools,  from 

work  Ing  on  roads,  etc  ■  -  -  81 
Not  exempt  from  serving  on  juries,  -  40 
Liabilities  of, 

to  lien,  - 

ponsible  foi 
Not  liable  for  conts  in  certain  i 

In  ton nr.  and  cities,  their  dul 

Patents,  to  be  «iven  to  purchasers  of 
ol  lands,     ... 
Duplicate  c  I,   -    40 

Payment  for  School  Lands,  how  to  be 

made,    -  -  -  -         -    37 

Penalties,  collecters  subject  to,    -  -    17 

Township  treasurer  subject  to, 
School  officers  subject  to. 

What  school  offii  it  to 

for  failing  in  their  duties,     -          -  32 
For  trespassing  on  school  landa         -  35 
For  failing  to  pay  over  fines,  forfeit- 
ures, etc.,          -           -           -           -  35 
How  recovered,  -          -          -          -  35 
How  disposed  of,           -          -          -  35 
Permits  delivered  to  township  treasurer,  11 
Persons   of  Color,   to   have   benei 

schi.nl  fund  in  certain  ca-os.     -  -  34 

Postage  of  superintendent,  how  paid,     -  3 
President  of  board  of  trustees,  now  ap- 
pointed-          -           -           -           -  10 

Duty  of, 10 

Hay  execute  conveyances,       -            -  18 

Of  board  of  directors  to  sign  bonds,    -  is 

Property  of  a  distri                    .buted  in,  11 

Pupils,  now  transferred,    -          -          -  n 

Under  six  not  eligible,  -          -          -  18 

Purchase  of  real  estate  by  trustees,        -  14 

Qualifications  of  teachers,  -  -    19 

Heal  Estate,  taken  for  debts  may  be  re- 
s-Id.     .         .         .         :          .  7 
Mav  be  purchased  by  trust.                  -  14 
Title  to  vest  in  trust  in  certain  cases,  -  13 
May  be  deeded  to  trustees  in  con.; 

mise,     -          -          -          -          -  14 

May  be  sold  at  auction  by  trustees,     -  14 

Shall    be    bound    for  .  linst 

school  officers  from  date  of  process,  31 

Records  of  examination  of  teachers,        -  ■ 


INDEX   TO    SCHOOL    LAW. 


319 


PAGE. 

Records  of  examination,  copy  of  to  be  re- 
turned to  btate  superintendent,        -  20 
Removal   of   township     treasurer    how 

made,    -           -           -           -           -  14 

Of  teachers,  how  made,             -           -  18 
Reports  of  state  superintendent:  When 

to  be  made  to  governor,         -  -2 

To  be  laid  before  general  assembly,   -  2 

Of  schools  in  towns  and  cities,.           -  34 
Rules  and  Regulations  to  be  made  by 

state  superintendent,  -           .  2 

Salary  of  superintendent,  -           -  3 

Sale  of  school-house  and  sites,       -           -  13 

Of  lands  at  auction,         -            -            -  14 

Of  school  lands,  how  to  be  made,         -  35 

Of  school  lands,  to  be  made  by  county 

superintendent,           -           -           -  37 
Unsold  lands  subject  to  private  sale,  -  37 
Statement  of,  to   be  made  by  county 
superintendent,            -           -            -  38 
Schedules,  separate,  how  kept  and  dis- 
posed of,            -           -           -           -  11 
When  payable,     -  22 
Schools,  under  supervision  of  state  su- 
perintendent,  -           -           -  .         -  2 
Information  respecting,  to  be  commu- 
nicated to  superintendent,    -            -  6 
To  be  visited  by  county  superintend- 
ent,       -           -           -           -  6 
May  be  established  comprising  pupils 

of  different  districts,  -  -  11 
Expense  of  supporting,  how  paid,  -  11 
Union,  hqw  formed,  -  -  -  12 
Directors  to  determine  amount  neces- 
sary for,  -  -  -  -  16 
To  be  established  by  directors,  -  18 
Superintendent  (County,)   when    and 

how  elected,      -           -            -  3 

To  give  bond,       -            -            -  3 

Liable  to  be  removed  by  county  court,  4 

Shall  give  new  bond  if  required,           -  4 

Vacancy  in  office  of  how  tilled,            -  4 

To  provide  books  of  record,     -            -  4 

To  keepan  account  of  money   loaned,  6 

Shall  file  bond  of  township  treasurer,-  6 
Shall  deliver  to  township  treasurer  all 

bonds,  notes,  mortgages,  etc.,            -  5 

Shall  take  receipt  for  same,      -            -  6 
Shall    make    apportionment     among 

townships,  and  how.  -  -  -  5 
Shall  loan  county  fund,  -  -  5 
Interest,  how  to  be  applied,  -  -  6 
Shall  report  to  state  superintendent,  -  6 
Shall  deliver  to  successor  all  property,  6 
May  loan  money  s  in  same  way  as  treas- 
urers, -  -  -  -  6 
Notes,  mortgages,  etc.,  in   name    of, 

valid,      -           -           -           -  6 
Suits  may  be  brought  in  name  of,        -  6 
Duties  of,  to  visit  schools,         -  6 
To  have  primary  jurisdiction,  -  6 
May  employ  a  competent  person    to 
furnish  information,  statistics,  etc., 
in  certain  cases,           -           -           -  7 
May  resell  real  estate  taken  for  debts,  7 
May  retain  percentage  for  selling,       -  7 
Shall  examine  teachers  and  give  cer- 
tificate, -            -            -           -           -  19 
May  revoke  certificate,  -           -           -  19 
To  "fix  a  time  for  examining  teachers,  20 
Compensation  of,            -  30 
Exempted  from  working  on  roads.etc,  31 
Liabilities  of,        -            -            -           -  31 
Penalty  for  failing  to  perform  duties,  -  32 
Shall  sell  school  lands,  and  in  what 
manner,             -            -            -            -  37 
School-houses,  title  to,  vested  in  trus- 
tees,      -           -           -           -           -  13 
Control  of,  vested  iu  directors,             -  13 
Shall  not  be  erected  or  changed  with- 
out an  election,           -           -           -  18 


PAGE. 

Schedules  shall  be  kept  by  teachers,      -  21 

Form  of,    -            -           -            -           -  21 

To  be  certified  by  teachers,       -           -  22 
To  be  delivered  to  directors,   -           -22 

To  be  examined  by  directors,-           -  22 

To  be  certified  by  directors,     -           -  22 

To  be  filed  with  treasurer,         -            -  22 

IS'ot  to  be  certified  in  certain  cases,     -  22 

Section,  sixteenth  declared  school  lands,  34 
Securities,  bound  for  demands  against 

principals,         -            -            -           -  32 
Of  county  superintendent  not  exemp- 
ted from  liabilities,       -           -            -  32 
Additional,  may  be  required  in  certain 
cases,     -           -           -                       -  26 
Settlement,  may  be  made  with  trustees 

by  persons  indebted,  -            -            -  14 

Statement  of  condition  of  schools,           -  12 

Of  treasurer  to  be  laid  before  trustees,  27 

Of  sales  of  land  and  moneys  received, 

by  county  superintendent,    -            -  38 

State's  Attorneys  to  enforce  collection 

of  fines,  etc.,     -           -           -            -  35 

To  pay  same  to  county  superintendents,  35 

Fees  and  commissions  of,         -           -  35 

Stationery,  allowed  to  superintendent,  -  3 

Suits  may   be  brought  on  notes,    mort- 

gages,etc.,by  county  superintendent,  6 

May  be  brought  against  treasurer,       -  14 
May  be  brought  against  collector  for 

refusal  to  pay  over,     -           -           -  17 
May  be  maintained  for  breach  of  con- 
dition in  mortgage,     -            -            -  26 
How  brought  for  interest  on  money 

loaned,  -           -           -           -           -  26 
All  suits  may  be  brought  in  name  of 

trustees,            -           -           -           -  26 
May  be  brought  against  treasurer,  on 

bond,      -            -            -            -            -  27 
May  be  brought  in  county  court  against 

collector,           -           -           -           -  30 
May  be  brought  against  trustees  for  in- 
sufficiency of  treasurer's  securities,  31 
May  be  brought  against  officers  failing 

in  their  duty,     -            -           -           -  S2 
Costs  of  not  to  be  charged  in  certain 

cases,     -           -           -           -           -  32 
May  be  maintained  for  trespassing  on 

school  lands,     -            -            -            -  34 
How  brought  for  penalties,       -            -  35 
How  brought  against  purchasers  of 
lands,     -            -            -            -            -  38 
Superintendent   of   Public  Instruc- 
tion, when  and  how  elected,            -  1 
Term  of  office  of,            -            -            -  1 
Oath  of  office  of,  -            -            -  1 
Office  of,  where  to  be  kept,       -  1 
Bond  of,  penalty  and  conditions  of,     -  1 
Books  and  documents  to  be  preserv- 
ed by,     -            -           -           -           -,  1 
Record  to  be  kept  by,     -           -  1 
To  pay  over  moneys,       -           -           -  1 
To  advise  county  superintendents  and 

teachers,            -           -           -           -  2 

To  have  supervision  of  schools,           -  2 

To  issue  circulars,          -            -  2 

To  make  reports  to  governor,  -            -  2 

To  issue  state  certificates,        -            -  20 

To  make' rules  and  regulations,            -  2 

To  explain  and. interpret  this  act,        -  2 
His  decisions  to  be  final,  except  in 

certain  cases,   -           -           -           -  3 

May  cause  funds  to  be  withheld,         -  3 

Salary  of,  when  and  how  paid,  -           -  3 

Taxes,  school,  how  distributed  when  new 

district  is  formed,        -  -  -10 

Directors  may  levy,        -           -           -  16 

To  be  computed  by  county  clerk,        -  10 

How  collected,     -            -            -            -  17 
In  case  of  refusal  of  collector  to  pay 

over,      -          -          -          -          -  17 


LAW. 


-  17 

I 

-  1 1 
i, ..I.             -           .           -IS 

- 

imtnatlon  "f,   -  -    90 

-  81 
l'o  d<  ior«,  -  83 
Kntllli  'i  !•■  i'ii  | 

lue,  i"  be  i 



Title  i"  i:«  ii  i  -i.i :  i 

hi  •  .  .  -     1 1 

Town-    .i  ml    i    il  ■■  -  . 

- 
1 1  i .  I  - .  - 

.    -        7 
- 

To  bo  laid  nil  .  »    10 

.    in 

- 
\\  hen  di\  ided  bi  county  line,  -  -    18 

H pep,  tow ii-Ih|i.  bond  of, 
Monej  ■    I 
to,  bj  ei  intendent, 

ppointed,  - 


mined, 
Honeys  i"i  use  "i  townships  t" 

May  be  removed  by  trustees,   - 
May  I"-  sued  on  bond,  -    - 

I  election  in  certain 

-,     - 

clerk, 
■  i  ir  tn  pay  ■•  i 

i  with, 
To  give  bond  ami  security, 

□  h hull,  shall  loan 
j .  - 
May  loan  funds  t"  boards  of  directors, 

loans  by,  legalized, 
May  requin   sdditi     ial    ecurity, 
Shall   have   debts  due  probated  and 
•  d.  - 

r  interest  on  loaned 
money,  - 
Shall  keep  all  moneys,  books,  etc.,  of 
township,  - 

•  trustees  on 
in  days,     .... 
Penally  in   case  of  failure  to  p 
duties,     ..... 


MOI. 

I 

-     27 

■  r,    -  -     27 

'A 

'in  M 

'.    81 


..I     <■>■    I11...I- 


I    ' 

9 

-  9 

'J 
I  n  * 

Prop*                                                       -  9 

-  10 

-  10 

-  10 

-  10 

:  .         -                -                -                -  10 

To  i                                                         •  10 
Maj 

-  10 

I 

■ 
:.n- 

tend<                 -          -     '     -          -  11 

-  1 1 

-  Yi 

-  18 
IS 

irer,          -          -                     -  18 

May  purcl 

lion  "f  judgment,        -          -          -  14 

Ma)  i                                                    -  14 

May                                                         .      -  It 

-  16 

shall  not  be  director,     -          -          -  15 

ipted  from  woi  king  on  roa  i j,     -  31 

Liabilities  "f.       -                     -          -  CI 

Penalty  for  failing  to  }■■ 

Union  Di-t  riru,  bow  formed,     -          -  11 

I'm                                                                -  11 

Vacancy  a  offici  •  nd- 

ent,  how                      -          -  4 

In  I                                                                    -  9 

Wit  n<"-s,  county  Mipcrintendont  may  be,  7 


Index  to  Common  School 
Decisions. 


PACE. 

Abolition  of  district  during  school  term  242 

Abolition  of  fees  for  certificates,  -        -  102 

Benefits  of,    -----        -  10* 

Action,  of  district,  against  trustees.         -  227 
Of  Superintendent  under  section  21,  -  133 
Of  trustees  and  directors  reciprocal,     229 
On  treasurer's  bond,  how  brought,  1S2,  390 
Secured  by  fraud,  rescinding  of,  -  161 

Mav  be  rescinded  at  special  meeting,    1H1 
Act  of  February  28,  1867,  -        -        -  113 
Acts,  irregularities  of  form  of,  -        -        -202 
Not  invalidated,  how,    -        -        -        -202 

Of  directors,  corporate,         -  202 

Of  two  directors,  valid,         ...  21-0 
Repealed.       ------    To 

Special,  districts  created  by,        -        -  21-1 

Township  funds  not  lost  by,         -        -214 

Adjournment  if  school  election,   -        -  267 

Admission  to  other  dist'ts,  how  obtained,  261 

Alienation  of  district  taxes,    -  227 

All  lands  to  be  sold  by  auction,       -        -  152 

Alteration  of  district  boundaries,  -        -147 

31  ust  be  made  at  regular  session,        -  147 

IS'o  vote  or  petition  necessary,     -        -  147 

Power  to  make  vested  in  trustees.       -  147 

Amenable  to  directors,  teachers  are,    2S9 

Amendments,  discussion  of,  -        -        -    47 

The  latest,     -        -        -        -        -        -  113 

Amount  voted,  directors  limited  by,  -  218 
Annual  reports,  required  of  supts.,  -  125 
Appeals  to  state  superintendent,  -  -  63 
Amount  of  deputies,     -  127 

Apportionment,  of  funds,      -        -        -  IIS 
Basis  of,  ------  118 

Day  of, •-   149, 1S3 

Grounds  of  claim  to,    -       -       -        -  143 

In  certain  cases,   -----  158 

Latest  assessment  to  be  basis,     -       -  162 
On  census,     -        -        -        -        -       -168 

To  be  made,  when,       -  153, 158 

When  funds  are  not  in  hand,       -        -  188 
Appraisal,  of  school  property,         -        -  154 
Action  of  directors  concerning,  - 
Is  final  and  conclusive,         -       -        -155 
Mode  of,  suggested,      -        -        -        -  155 

Only  in  case  of  new  districts,      -       -  154 
Assessment,  latest  to  be  basis,        -        -  162 
Assignment  of  scbedules,  - 
Assist,  teacbers  must  have  certificates,   241 
Auction,  lands  to  be  sold  by,   -  152 

Balances  due  teachers,  interest  on,    -  177 
Ballots,  blank  not  to  be  counted,     -        -  270 
Second,  not  to  be  taken,       -        -        -275 
uld  specify  term,    ...       -  27o 
Basis  of  apportioning,  by  county  supt..  118 
Bible  in  the  public  schools,      -     287-301 
Constitution'!  provisions  relating  to,  288-295 
Discussion  of  principles  concern- 
ing,         295-301 

Bids,  when  borrowed  by  purchaser,  -  129 
Blank  ballots,  not  to  be  counted,  -  270 

Boards  of  Directors  to  make  report,  -  115 

21 


_  ,        -  PAOE. 

Bond,  of  county  superintendent,     -       -  118 
Of  township  treasurer,        ...  icg 
But  one  required.  -  189 

Conditions  of  validity  of,  -        .    56 

F"t  in  of,  change  in,      ...       -169 
How  tested.   ......    6Q 

Law  in  relation  to.        .... 

M 11  st  be  renewed  before  funds  are  pa 

Principles  governing,   - 

To  be  renewed.     -----  169 

Release  of  securities  of.  153 

Bonds  of  districts,  how  issued,     - 

Books  and  blanks,  how  provided,        -  282 

Books  and  papers,  - 

Delivery  of,  to  successor,     -       -       -182 
How  enforced.       - 

Books  for  districts,        -  166 

Trustees  m»iy  purchase,       -  i:.r, 

Borrowed  money,  best  mode  of  paying,    83 
Maximum  amount  of,  - 
Tax  to  pay.     ------     83 

Borrowing  township  funds,       -        -  161 
Not  a  disqualification,  -        -        -       -161 

Boundaries,  district,   formation  and 
change, 


146 

-  147 

-  147 

-  196 

-  196 

-  196 

-  196 


Must  be  made  at  regular  session, 
Power  to  alter,  vested  in  trustees. 
Building  school-houses, 

Money  may  be  borrowed  for, 
Must  be  voted  for,        - 
Taxes  may  be  levied  for, 

Calendar  month,  when  to  be  taken.      -  I5;-? 
Calendar  of  school  elections  and  dm 
Cancellation,  of  mortgages,  manner  of,   184 
Cannot  resign  at  will,  teachers,     -        -  245 
Census  of  children,        -  158 

Apportionment  on,       - 

Directors  to  take.  -        -        -        .161 

Certificates  of  taxation. 

Delivery  of,  to  county  clerk,        -       -  181 

Directors  to  file,    -  196 

Must  be  returned  in  season,         -        -196 

To  be  filed  with  treasurer,    -        -        -196 
Certificates  of  teacbers,       -       -       -119 

Absolutely  indispensable,    - 

Expiration  of,  during  school  term, 

Fees  for,  not  allowed,   -        -        --! 

Grades  of,  two  only,      -        -        -        -    91 

Renewal  of.    -        1        -        -        -        -  120 

Requirements  for  first  grade. 

Requirements  for  second  grade,         -    95 

Revocation  of. 

Third  grade,  why  abolished,        -       -    91 
Certificates  to  schedules,  1    -  . 

Under  new  law,    -       -       -       -       -116. 
Children,  census  of.  who  must  take, 

No(  eligible  till  bi  i 

Under  rive  should  not  bo  admitted, 
why - 

Under  six  ■ 
Choice  of  school  site,    - 
Cities  and  incorporated  towns,  -  282 


tNDEX    TO   COMMON    SCHOOL    DECISIONS. 


<  I  ,i  1. 1>  fund, 

Mate  of, 

Claim  to  i"-  m  tde  ■  ■  •  three  months,        -  IOT 
Clerical  servlcei  ill,  IN 

Kntuleil  to  p..v  for,      -       -       -111,1* 

<  lerki  district,  in  i  •,       - 
Commission!,              n  puled, 

foi  computation  of, 

ntendenta,        -    110, 130 
-     ill,  i 
nlng, 
ucti"0!i  in  respect  t".    - 
i  hi  de |»enl  ralli  ood  tax«-M, 

«'<hii|x'iihiiI  ion,  1 L0,  121 

1 1 1 <  i  -   lit 

<  <> in iin < :, i.i •  > ii ,  ni  oomtnl  iions,  rule  for,  180 

,    . 
i  of, 

RuIm  for, 

Bnpi '                             'i  on,        -       -187 
Conflicting  aoti  repealed,  -  IM 

Consolidation,  of  districts,     -       -       -  IM 
hed i 

Coin  iiiiiam  i'   ill"  IChOOlS, 

Contracts,  binding  on  successors,         -  BOB 

Signed  by  two  directors,  valid,    -       -  218 
ted  liy,        ...  189 

Written,  should  be  made.    - 
Control  of  pnbllc  schoola,  -       -       -  281 

Outside  parties  not  to  interfere  with, 

lutrively  in  directors,-       -  281 
Corporal  punishment,  ...  240 

Authorities  res| linn,  cited. 

Full  disi  ii  ect  of. 

Corporate  liability,  of  directors, 

Coats  of  snii, 

Mny  be  paid  from  scliool  fund,    -        -  281 
County  Clerk,  may  refuse  tax  certifi- 

catex.  when,       -----  181 
County   Court,  relations    to    county 

-  122, 140 

County  Superintendent,  accounts  of,     124 

i  i  nless  fraud  is  shown,  121 

Ami  school  elections,   -  271 

Benefits  of  longer  tenure  of,        -        -    50 

Hi. lid    Of, US 

'  Lie  of  name  of,       -        -        -        -    49 

Compensation  of.  -  no,  121 

Co.  authoii  its  should  provide  office,    103 
Days  service  not  limited,     -       -       -  114 
Decisions  concerning,  -        ...  lis 
Duty  of.  in  new  townships,  ...  137 

lomy  in  respect  to  office  of, 
Educational  duties  of,  -        -        -        -    58 

Entitled  to  full  amount  of  warrants,  -  131 
Entitled  to  whole  of  fines,   -  133 

Fitness  of  new  appellation  of,     -        -    49 
Have  discretion  in  respect  to  services,  141 
Have  discretion  in  respect  to  visitation,  122 
How  to  test  validity  of  bonds,      -        -    56 
Liable  for  loss  of  funds,       ...  131 
May  be  teacher,    -----  188 

May  loan  tines,      -----  139 

Mav    procure    and    furnish    office, 
when.  ------    104,  136 

Must  important  duties  of,     -        -        -    59 
Must  know  the  law,       -        -        -        -    63 

Not  subject  to  control  of  others,  -  123 
nds  are  filed,  -  -  58 
Office  work  and  duties,  ...  J21 
Paid  for  actual  services,  -  -  lin,  114 
Relations  of,  to  county  court,  -  122,  1  In 
Reports  of.     -  56,  12.5 

Sale  of  school  lands  by,  ...  126 
Should  be  able  and  experienced.  -  61 
Should  not  be  township  treasurer,  -  I 
Tenure  of,  to  be  four  years,  -  -  50 
Term  of  why  extended,  -  -  -  60 
To  decide  controversies,  -  -  63, 125 
To  demand  renewal  of  bonds,     -        -    55 


Count]  vnpt.  to  demand  roll  I 
1 '.  examine  school  land  r<-i 
'l ..  hat  ■•  pi  Imary  Jurisdiction, 

'I ..  hold  ovei  in  1 

:. 

.  sap  account  of  services, 
To  loan  funds,      .... 
'l  .1  make  loani  In  cerl  ■ 

'I  "  :  ay,   - 

To  report  annually,      - 

Ithhold  funds,  when,    - 
100I1  by, 
u  hai  mi.   ■  equired  by, 

U  hftl  seen  t  taken  by. 

Count]  1 1 1  •  1  -.  dI  tajtea, 

Notentitledtoci 

<  list  oily  Of  dial  ri«t    1 11  in.  -, 


PA<31!. 

-  134 

-  Kit 

-  123 

-  61 

-  114 
88,  125 

-  118 

-  121 

-  2-1 

170 


Day  oi  apportionment,        -      •      -  14s 
Canm 

•  law,      -  1 19 

Debta,  -       -       -       -  177 

-t,  177 

II    triets, 215 

School  pi lority  of,        . 

II.  ,  isioim    ..tin  ill  and  Judicial,  -  -   117 

ernina  county  superintendents,  -  l  m 
ernlng  pupils.       - 

terning  school  directors,      -       -  192 

•  1  elections,        -        -  265 

-  235 

erniog  township  treasurers, 

Concerning  township  trustees,    -       -143 

Supplementary,    -       -       -       - 

In  11I.   n-trii-t  should  have  warrantee,      -212 

'In  he  made  to  trustees,         ...  '219 

Default   in    nterest  or  principal,      -       -187 

Delinquent  district  taxes,  -       -       -  190 

Delivery  of  Certificates  to  county  clerk,  181 

itial  to  validity  of  tax,         -       -  181 

Must  tie  on  day  tixed  by  law,        -         -  181 

Deputies,  rule*  govern  i  zappointm't,  of,  128 

ctuperintendents  may  appoint,  when,    127 

What  -i-i  vices  rendered  by,         -        -  127 

Directors,  and  the  people,    '-       -       -198 

And  trustees,  action  reciprocal,  -        -  229 

Authority  of.  paramount.      -        -        -199 

Cannot  he  employed  as  teachers,        -  2n5 

Cannot  be  trustees  at  the  same  time,     217 

Cannot  be  sued,  when,  -        -         -208 

Cannot  borrow  money  to  pay  teachers.  205 

Cannot  condemn  land  for  sites,  -        -  230 

Cannot  delegate  control,      -        -        -200 

Can't  purchase  residences  for  teachers,  230 

Cannot  use  funds  for  prize9,        -        -  232 

Continuance  of  schools  by,  -        -  208 

Contracts  binding  on  successors,        -  205 

Corporate  acts  of,  ...        -202 

Corporate  liability  of,    -        -        -        -  202 

-■ns  concerning,  -        -        -192 

Duty  of.  relative  tohouses  and  grounds,  223 

Duty  of.  when  house  is  too  small,        -  -_; 

Failure  to  elect,     -----  277 

Have  control  over  special  taxes,  -  203 

Judgments  against,  how  paid,      -        -  .   , 

Liability  of.  in  certain  cases,       -       -  ..- 

Liable  for  false  certifi'tes  to  schedu!-  -    ..- 

Liable  for  money  p'd  to  teachers,  when,  227 

Liable  to  mandamus.    -        -        -        .  __, 

Limited  to  amount  voted,    -        -        -218 

May  be  elected  trustees,       -        -        -  217 

May  be  witnesses.  -  210 

May  bnild  on  old  site,  when,        -        -  Z73 

May  dismiss  teachers.  ...  205 

May  exclude  tobacco  from  school,      -  231 

May  hold  real  estate,    -        -        -        -  210 

May  locate  school  site,  when. 

May  re-establish  union  districts,        -  _. 

May  resign,  how,  -  199 

May  use  house  in  another  district,      -  ... 

Not  to  extend  term  of  school,  when,  -  229 


INDEX    TO    COMMON    SCHOOL    DECISIONS. 


323 


PAOE. 

Directors,  not  to  hold  over,     ...  272 
Not  to  pay  money  to  each  other,         -  219 
Orders  ot,  on  treasurer,        -        -        -203 
Pergonal  liability  of,      -        -        -        -  202 

Powers  of.  -        .        .        .        -    S6 

Powers  of,  under  section  forty-three.    22  ; 
Quorum  of.  for  business.      -        -        -201 
Return  .of  tax  certificates  by,       -        -232 
Should  be  notified  of  meetings,  -        -  213 
Tax  certificate  of,  ...    80 

To  consolidate  districts,       -        -        -  194 
To  decide  where  pupil  shall  go,  -        -  219 
To  demand  statement  from  treasurer,  197 
To  determine  questions  of  residence,   198 
To  establish  sufficient  schools.   -        -  208 
To  extend  term  of  school,  when,        -  229 
To  file  certificate  of  taxation,      -        -  196 
To  file  schedules,  -        -  -204 

To  form  union  districts,       -        -        -193 
To  furnish  all  things  needful.      -        -  223 
To  make  rules  and  regulations,  -        -  207 
To  prescribe  branches  of  study,  -  207 

To  receipt  for  schedules,     -        -    104,197 
To  rent  school-houses,         ...  19s 
To  take   census,    -----  151 

To  visit  schools,    -----    S6 

Two  may  transact  business.  -        -201 

Discrimination  in  favor  of  soldiers,  2*31 

Discussion  of  amendments,        -        -    47 

Distributable  funds,  not  to  be  loaned,    157 

Districts,  benefits  ot  large.      -        -        -    71 

Bonds  of.  when  money  is  paid  on,       -  232 

Change  of  boundaries  of,     -        -        -  146 

Concurrence  of  trustees  required, 

when.  -----      72,  147 

Consolidation  of,   -        -        -        -        -  194 

Contracts  not  effected  by  division,      -  160 
Created  by  special  acts,         -     161,  214.  278 
Debts  of,         ------  215 

Delinquent  taxes  of.     -  -190 

Distribution  of  funds  to,       -        -        -  161 
Divided  by  township  lines,  -  217 

Division  of.  during  school  term,  -  159 

Division  of.  in  certain  cases.        -        -  215 
Effect  of  division,  in  certain  cases,     -  160 
Formation  of.        -----  146 

Funds  and  property,  division  of,  -  145 
Funds  of.  how  andwhen  paid  out,  -  109 
Joint  session  of  trustees  not  required,  72 
Large,  may  be  formed,  -  -  -  70 
Liable  for  "debts,  in  certain  cases,        -  215 

Loan  of  funds  of, 200 

Lying  partly  in  two  townships,    -      72,  147 
May  embrace  whole  township,    -        -    70 
Kame  and  style  of,        -  -226 

Kew.  how  formed,         -        -        -        -    73 

No  division  of  funds,  without  new,     -  145 
Overpayment  of,   -        -        -        -        -  185 

Power  to  change,  vested  in  trustees,  -  147 
Reports  of.  in  certain  cases,         -        -  188 
Right  of  action  of,         -  227 

Rights  of  teachers  not  impaired  by 
division,     ------  160 

Rules  governing,  relative  to  debts,      -  216 
Should  own  school  site,        ...  212 
Special  taxes  of,    -  151 

Taxes  of,  cannot  be  alienated,     -       -  227 
Taxes  of,  must  be  uniform,  -        -  211 

To  furnish  statistical  abstracts,   -        -  161 
Trustees  cannot  control  special  taxes,  151 
Union.    -------    77 

Use  of  tax  funds  of.      -  209 
What  constitutes  funds  of,  -        -        -  109 
Dismissal  of  teachers.      -                      205,  236 
Proof  of  cause  must  be  positive,         -  205 
Division,  of  district  funds  and    prop- 
erty,     162,  145 

Basis  of.  latest  assessment,  -        -  162 

Of  districts,  during  school  term,  -  145 
Of  districts,  pending  collection  of  tax,  215 
Of  townships  and  their  funds.  -  -  160 
Can  be  made  by  legislature  only,         -  160 


PAGE. 

Duration,  of  permits  of  transfer,    -       -  2C3 
Of  schools, 84 

Eflfect  of  revocation  of  teachers'  certifi- 
cates,      236 

Of  vote  to  build  school-house,  -  -  273 
Ejection  of  pupils  by  force,  -  -  -  221 
Elections,  school,        -----  265 

Adjournment  of. 267 

Ballots  at.  should  specify,  -  -  -270 
Blank  ballots  at.       -        -        -        -  270 

County  superintendent  to  order,  when,  80 
Decisions  relating  to,  -        -        -  265 

Directors  only  to  order.  -        -        -267 

Duty  of  county  supt.  concerning,  -  271 
Effect  of,  in  certain  cases,  ...  273 
Evidence  of.     -----        -  268 

Failure  to  attend, 277 

Failure  to  call. 2C6 

Failure  to  hold. 266 

First,  when  and  how  ordered,  -  -268 
For  building,  and  school  site,       -        -  270 

For  directors. 80,180 

For  directors,  to  be  held  on  Monday,  -  269 
For  tax  to  build  school-house,  -  -  275 
Governed  by  terms  of  call.  -  -  -  276 
Held  on  wrong  days,  or  informally,     -  265 

In  case  of  a  tie  in, 272 

In  new  districts, 269 

In  specially  incorporated  districts,      -  278 

Judges  of. 266 

Loss  of  poll-book  of,  270 

Manner  of  contesting.  -  -  -  -268 
May  be  held  twice,  when,  -  -  -  271 
Notices  of.  where  posted,  -  -  2C5,  277 
Not  invalidated,  how,  ...  -273 
One  director  may  call,  when,  -  -  276 
On  questions  of  raising  money,  -  -  274 
Qualifications  of  officers  at,  -  -  -271 
Registry  law  not  applicable  to,  -  -  265 
Rejection  of  votes  at.  209 

Second  ballot  cannot  be  taken  at.  -  275 
To  extend  term  of  school,     -  27S 

Treasurer  to  order,  when,  -  -  80,180 
Voters  at.  in  certain  cases,    -  274 

Votes  to  be  taken  separately,  when,  -  275 
XV ho  may  be  voted  for  at,       -        -        -268 

W ho  may  vote  at, 268 

Eligibility!  of  pupils,  ....  259 

Of  voters  and  officers,    -        -        -        -  268 

Employment,  of  teachers,       -        -        -  244 

By  two  boards  at  same  time.         -        -  244 

English  Education  required  by  law,    -  285 

English  schools  only  authorized,  -        -    98 

Entitled,  to  full  amount  of  warrants,       -  131 

To  interest,  teachers  are,       -        -        -240 

To  whole  amount  of  fines,     -        -        -  133 

Enumeration,  of  children,  directors 

to  take. >.        -  151 

Evidence  of  school  elections,   -        -        -  268 

Examination  of  Teachers,   -     87, 119,  121 

Considerations  in  respect  to.         -        -    8S 

How  conducted,  best  modes  of,   -       -    89 

^Notices  of. 102 

Observations  in  respect  to,  -  -  -100 
Private,  not  interdicted.  -  -  -  101 
Public,  preferable  to  private,  -  -  101 
Should  be  thorough  and  conscientious,  88 
Transcendent  importance  of,  -  -  88 
Examination  of  treasurer's  bond,  -  -  118 
Exclusion    from    school,   in    certain 

cases.  - 260 

Exemption,  of  school  property  from 

taxation. 226 

Epenses,  incidental,  for  schools,  -  -200 
Epiration  of  teachers'  certificate,  -  -  243 
Expulsion  of  pupils,   -        -        -        -  208,  236 

Failure,  to  elect  directors,         -       -       -  277 
To  hold  elections,    -        -        -  -  266 

To  order  elections,  ....  266 

To  record  proceeding*,  -       -       -       -  126 


124 


l  BOOL    DECISIONS. 


Failure,  t  -  '  ■'''• 

I   in.  s      anil       lui  I.  il  ii  . 

- 
U  I,  ool  Inn. I, 

I 1.1-    ill 

I  |. .-hi  . 

- 

I'll   I. mil-. 

.  ,  .  .  i  tched  u  lea, 

I,  u in  ii. 

- 
i  ..ii.  ii  .1 1  • 

.    i 
r. ni.il  in.-  ..I  ichedule, 



I'.ll    III  I.   • 

i  in  in-  <>r  -<ii. ...I  i  n-i  i  ii  in.  hi  -, 
- 
Cei  til  ■  map, 

!  iff.    - 

Contract  bolw'n  ;-  tors,  812 

.;..!,.  y,     810 

- 

]l|>! 

itrate'fl  report  i untj 

M.iitu  !•-•'  to  tin  -tees, 

niv  superintendent,  - 
Note  irer,  - 

isurer, 
rermil  of  transfer,  -       -       -       - 
Poll  ■  ;  ion, 

chedule,   - 
pi  ti.  count;  Bupei  intei 
Receipt  to  township  treasurer,    - 
•  ■will  »f  certificate,  - 
- 
rtifieate. 
■  in. -lit  nf  tit 
Benii-annual  statement  of  trus 


221 
148 


:  : 
.  804 

-  811 

-  811 

-  812 

-  310 


:  intendent's  account  for  Bervici 
Tatlj 

Township  treasurer's  bond,  - 

Fractional  district-,  unk'n  to  the  law,    218 

Funds,  ■  ■ '  -       -       -       -  118 

9  of  apportionment  of,    -       -       -118 

- 

County  and  township  interest  of,        -  109 

i  ibutable,  not  to  be  loaned,    -       -  157 

ict,  how  and  when  paid  out,         -  109 

.  district,        ....  14.5 

1.  t.>  public.  -       -       -  14:; 

How  and  when  apportioned,        -       -  153 

Interest  on,  rate  of,        -       -      -       -  171 

May  be  loaned  to  directors,  -       -       -  171 

livision  of,  without  now  district,    -  14J 

istricts,  loan  of,        ... 

wamp  land, 144 

Of  townships  in  two  counties,      -       -144 

ved  for  land-,  to  be  loaned,        -  174 

on  census  and  schedule,      -  17". 

ty  of, 286 

1  ict, 14" 

To  be  kept  on  interest,  -  -  -  -  171 
To  be  paid  t.i  treasurer,  -  -  -  1.1 
-nceessor,  -  -182 
Treasurer  cannot  borrow,  -  -  -  17J 
Treasurer  liable  for  loss  of,  - 
surer  to  call  for, 

I, I  7  1 

1"-.'  of  surplus, 

What  constitutes  district,      -       -       -109 


1.1  anchei 

1 1  ni  Ida  \  -. 

- 
Home  1 1  .i- 11 1 1  1 . 

II  inn  - 


I 


1  Mini-.  '     withheld  from  dis- 



Withheld  till  bon  -       -  lib 

(..11  111-I1.  .  .                                                           .leg,  178 

-  17*1 

-  17i 
« ..Mill  .  le,  97 
< .  1  .nil  -  ni  cert  I  flea  • 

«.  1  '■■  unit-   <>l   <  l.in.i  -   1  IS 

110 
Bow  to  report 

I  !  I.     ;..  I  .  -  171 

-  178 
1  mportance  ol 

1  n  case  oi  :i  1  ••  . 

1  ii>- id.  1. 

I ncorpoi 

Index  10         ol  law, 

Informality 

I  11 -11  run.' 

Interest,  Ii    w  to  be  computed,  •       -       -1-7 
■  be  paid  bj  I  -       -       -  177 

- 
Bra,     - 

Ten  m  till  paid,      -  177 

Interference  w  ith  • 
1  nternal  revenue 
Irregularities  ol  form,  not  material,      -202 

.1  ndges  of  eleel 

Judgments 

'I  ..  I-  funds,     - 

.!  11. ii.  inl  and  officia  -       -  117 

-        -  135 

-wamp.  funds  of,     -  144 

MUSl     :  ':.  -  - 

■  - .    ■ 
Language  ..  in  public  schools,   -284 

Large  districts,  benefits  of,     -       -       -    7; 

Superiority  of, 71 

Lab  st amend  113 

- 
To  be  lmsis  of  apportionment. 
Laws  of  Congress,    ad  stamp  duties 
Lease  of  sen  iol-houses,      -       -       -       -  198 
Leaf  Ing  school,  during  school  hour- 
bid,    -       -       - 
Liabilities,  of  directors,  not  persona: 

Of  directors,  in  certain  cases,       -        -  228 
tiring  school  officers,    - 

Of  trustees, I 

i.i-t  of  tax-payers, 230 

What  included  in,  - 
Loans,  by  township  treasurer,  -       -       -108 

_ali?.ed. 107 

directors,  -       -  107 

■  funds, 200 

n,         ....  106 
Remarks  in  respect  to,  - 



Loss  of  poll  book,  effect  of,   - 

Lunar  month,  for  schools,       -       -       -  1~G 

Making  fires,  sweeping,  eta,  - 
.Alan  <la  m  11-. 

224 

Manner  of  contesting  elections,  -  ■ 

Meetings  ol  directors,        .... 

iould  be  notijed,    -       -       -       -  213 

-  213 

Mode  of  appeal  to  state  stipt ,         -       -    03 


INDEX    TO    COMMON    SCHOOL    DECISIONS. 


325 


PAGE. 

Month  and  day,  school,   -  233 

Moral  character  of  teacher.?,      -  -    97 

Mortgage,  and  notes,  tenure  of.  -  -  287 

Does  not  lose  priority,  ...  2**2 
Foreclosure  of,    -  -  -  -  152 

How  canceled,     -  1S3 

Lien  not  waived,  how,  ...  126 
May  be  foreclosed  without  petition,  -  152 
Omission  to  take,  ...  126 

Name  and  style  of  districts,       -  -  226 

New  districts,  how  formed,  -  -    73 

New  law,  touching  separate  schedules,    116 

No  fees  for  certificates,       ...  102 

No  fractional  districts,  -  -  218 

Non-residents  must  be  listed,     -  -231 

Notes,  and  Mortgages,  tenure  of,  -  -  287 

Default  on.  begins  when,  -  -183 

Renewal  of.  necessary,  -  -  183 

When  payment  is  in  default,   -  -187 

Notices  of  school  elections. 

Number  of  schools  in  a  district, 

Must  be  enough  for  all, 


265,  277 

-  20S 

-  208 


Office,  for  county  superintendent,  -  103 

County  authorities  should  provide,  -  103 
County  superintendent  may  provide,    104 

Economy  required  in  respect  to,  -  104 

Removal  of  treasurer  from,      -  -  189 

Work  and  duties,  -  -  -  121 

Officers,  school,  and  road  taxes,  -  -  286 

Liabilities  of,       -  -  -  -  283 

Of  elections,  qualifications  of,  -  27L 

Residence  of.       -  -  -  -  28f* 

Official,  and  judicial  decisions,  -  117 

Opinions,  when  declined,  -  -    64 

Papers,  canno:  be  returned,      -  -  283 

Omission  to  take  mortgage,         -  -  120 

Lien  not  waived  by,      -  -  -  126 

One  order  sufficient,  when,  -  -  243 

Orders  in  favor  of  directors,  -  -  219 

Impropriety  of,   -  -  -  -  219 

Exceptional  cases,         ...  220 

Of  directors  on  treasurer,         -  -  203 

One  sufficient  when,       -  -  -243 

When  and  how  drawn,  -  -  -  203 

Overpayment  of  a  district.  -  -  185 

To  be  retained  and  re-apportioned,  -  185 

Papers,  official,  not  returned,        -  -  283 

Payment  of  treasurers  as  clerks.  -  150 
Penalties  and  forfeitures,  and  school 

fund,      -  -  -  -  . 

People  and  school  directors,  - 

110, 


Per  diem,  of  county  sitpt 

Account,  how  collected, 

For  what  services  allowed,       -       110, 
Permits  of  transfer,        -  76, 102, 

Duration  of,         - 

Good  for  one  year  only, 

Sole  evidence  of  consent, 
Personal  liability  of  directors,  - 
Personal  property,  where  taxable, 
Persons  of  color,  -  -  -  - 

School  taxes  collected  from,     - 

Taxes  to  be  refunded  to. 

Over  twenty-one  years  of  age, 
Poll  book,  loss  of.    - 
Powers,  conferred  by  section  43,  - 

Of  directors,        - 

Of  voters  and  directors, 
Preceding  school  year  governs, 
Premiums  for  scholarship. 

School  fund  not  to  be  used  for, 
Principal  of  township  fund,         -       109, 

Interest  cannot  be  added  to,    - 

What  may  be  added  to,  - 

Of  county  and  township  fund, 
Priority  of  mortgage,  - 

Ofschool  debts,  -  -  -  - 

Private  Examinations  not  interdicted, 
Private  Sales  ofschool  land,  not  legal,  - 


Private  Schools,    - 

In  public  school-houses, 

Reports  of, 

Rule  in  respect  to, 

What  shall  constitute,  - 

What  should  be  reported  as,    - 
Proceedings,  failure  to  record,    - 

Under  sections  33  and  35. 
Property,  mistake  in  taxation  of, 

Personal,  where  taxable, 

School,  sale  of.    - 

School,  when  exempt  from  tax, 

To  be  divided  in  three  months, 

When  a  part  only  is  taxed, 
Protected  by  contracts,  teachers, 
Public  examination  of  teachers, 

.Notices  of,  ... 

Observations  in  respect  to, 

Preferable  to  private,  why. 
Public  Schools,  foreign  languages  in 
Punishment,  corporal,  - 

Discussion  of  principles, 

Eminent  authorities  cited, 

Judicial  opinions  respecting,    - 
Pupils,  admission  to  other  districts, 

Choice  in  : studies  of, 

Decisions  relating  to,     - 

Exclusion  of.  from  school, 

Expulsion  of.       - 

From  unorganized  districts,    - 

May  be  ejected  by  force, 

Not  to  leave  during  school  hours, 

Over  twenty-one. 

Permits  of  "transfer  to  be  filed. 

Permits,  sole  evidence  of  consent, 

Residence  of,       - 

Suspension  of,     - 

Transfer  of.  -  -  76, 

Over  or  under  age, 

Who  are  eligible  as, 
Purchase  of  books  for  districts,  - 

Of  residences  for  teachers, 
Purchaser,  of  school  land, 

May  be  treasurer, 

Qualifications  of  election  officers, 
Questions  of  raising  money, 

To  be  voted  on  separately, 

Who  may  vote  on, 

Ofresidence,        ... 

Directors  to  determine, 

May  be  voted  on  twice,  when,  - 
Quorum  of  board  of  directors,     - 

Of  board  of  trustees, 

All  acts  by,  legal. 

Two  members  constitute, 


PAGE. 

189,  220 

-  220 

-  189 

-  189 

-  189 

-  189 

-  126 

-  193 

-  286 

-  226 

-  196 

-  226 

-  192 

-  286 
- 

-  102 

-  100 

-  101 
,     -  284 

-  246 
251-258 
247-251 
247-251 

-  261 

-  261 

-  259 

-  260 
208,  236 

-  221 

-  263 

-  261 

-  70 

-  76 

-  259 

-  236 
192,  235 

-  262 

-  259 

-  156 

-  230 

-  182 

-  182 

-  271 

-  274 

-  274 

-  274 

-  198 

-  198 

-  271 

-  201 

-  157 
157 

7,201 


15 


Railroad  Taxes,  commissions  on,  -  284 

Real  Estate,  directors  may   hold,  -  210 

Receipts  of  directors  for  schedules,  -  104 

Remarks  in   respect  to,          -  -  104 

Reciprocal  action  of  officers,    -  -  229 

Registry  law  and  school  elections,  -  265 

Reinstatement  of  teachers,         -  -  121 

Rejection  of  votes  at  elections.    -  -265 

Religious  observances,  in  school,  1 

Discussion  of  principles, 

Legal  provisions  concerning.  288-296 

Removal  of  township  treasurer,  167,  189 

Renewal  of  certificates,    -  120 

Of  notes,  -            -            -           -  -  183 

Dutv  of  treasurer  to  require,    -  -183 

Prepayment  of  interest,  not  sufficient,  is;; 

Of  treasurer's  bond.       -  170 

Must  be  before  funds  are  paid, 

Rent  of  school-houses.      ...  198 

Repeal  of  former  provisions,        -  -  114 

Reports  of  bo                 rectors,   -  -116 

Ot  County  superintendents,     -  -  125 

Of  districts,  in  certain  cases,    -  -  iv> 

Of  justices  and  clerks,  -  135 

Of  private  schools,         -  189 


iMMON    Bl  Iiool    D] 


Reports      wnahlp  treasurers  to  make 

Re« mi  •  in.  hi   . 

i.  • 
i .....,,..  . 

Ilo*  .!■-(.■ i  iitiii-.  I     • 

Whal  • 

- 

i  • 
■ 
Resignation,  of  d  19  • 

■ 

i  .1 
Reth  Ins.  ..I'.   •  i 
Kol  ii  in.-. i  loldlen  fid  lOhool 

Ki-I 

nnel  of,  noi  o  i  enlist, 
Revenue  la  n  ■  an  I     h  iol  Instrumei 

l;iiin;i Of  I  -         I 

I 

Rights,  n  ■••  rtain  oasss,  -  227 

i  'i  ohoiac  in  studies, 

■lllll'H,      -  -    '.'III 

« if  property,  hoa  protected, 

iti>:ni  labor  mrera,  -  190 

Kii.nl  i  txei  i  i  i        ool  otDoera,    -  -  288 
Rules,  ind  regulations, 

I  Ureotoi  ■  i  '  in  ike  -    ■  -  237 

d,  -  -  207 

itatioD  "f  interest,     -  -  187 

Sale,  of  school  lands, 
ms  mi.  - 
Expensi  -  of,  how  paid,  - 

<m  m'I I  property,         -  -  - 190 

i  in  full  township,  -  282 

Schedules,  ol  teachers,      -         -  -  -:;  ■ 

i  of,      ....  348 

Bat  one  apportionment  on,       -  •  IM 

Cannol  be  changed  i  >y  trustees,  -  148 

destroyed,      -         -  - 181 

a  law,    -  -  lie 

Consolidation  of,  - 

Direi  ipt  for,  -  -  -  197 

-  228 

i.  when,  -  -  182 

Forfeiture  of,        -         -         -  -158 

Fraudulent,  to  be  rejected,       -  -  179 

Must  in'  Bled  and  preserved,    -  -  181 

Mu9t  be  filed  in  season,  -  -  -  154 

it  of,    -----  210 

i  lid,  how  preserved,        -  -  -182 

Reaching  Dack  more  than  six  months,  204 

Separate,  liabilities  of  directors,  -  281 

rate,  must  be  paid,  -  -  -  233 

Si  parate,  rule  of  payment,        76, 179, 192 

Bpecial  taxes  may  be  paid  on,  -  -162 

Teachers  musl  keep,      -  -  -  135 

To  be  paid  by  taxation.  -  -  -  2in 

Trustees  to  be  governed  by,     -  -  148 

Unpaid,  are  preferred  claims,  -  -  lOti 

Unpaid,  lo  draw  interest,  -  -  105 

When  left  incomplete,    -  -  -  219 

Schedule  of  stamp  duties,        -  -315 

Scholars  must  be  accommodated,  -    85 

School,  controversies,         -  -  -  125 

County  superintendent  to  decide,  -  I2G 

How  adjusted.       ...  -  ij.t 

1  lebts,  priority  of,  -  -  -  281 

ions,  calendar  of,     -  -  -  302 

Funds,  (see  Funds,) 

Houses,  building  of.        -  -  -196 

;ned  for  school  purposes  only,  -  209 
Exceptional  cases,  religious  meetings,  209 

Must  be  enough,  -         -         -  -    85 

Must  be  properly  furnished,     -  -    88 

Must  be  suitable,  -  -  -    86 

Rent  or  lea=e  of,    -  -  '        -  -  198 

Should  b*  insured,  -  -  •  2JO 


rior. 

s.,  In, I, I,       •'■  of, 

When  there  are  two  in  dmtrict, 

:      •  - 

-  ::I4 

- 
Purchaser  of.  may  be  treasurer, 

:  ■ 

f.         - 

SI  "  fir.., 

ipiion  from  taxation, 

il  of,      -  -  -    74 

romptly, 
llvlsion  with 

i  of, 199 

111,  196 

When  led, 

. 
I)isiri..t  should  ■ 

..f. 
Value  "f,     -  -         •         -   80 

Visits  - 

How  conducted,    -  •  -  -    62 

.■•nts,      -  -  121 

Schools,  i  mtlnu  ince  ot, 

Hull  of, 

English,  only,  authorised  by  law, 

in  public,    •  -  284 

In  cities  and  towns,        -          -  -  2*2 

Number  of  In  district.     -          -  -  208 
rtificates, 

Private,  lo  public  school-houses,  -  220 

Prh  of. 

Tax  funds  noi  to  go  to,  when.   -  -  231 
Section,  eigl 

Forty-five,  last  line, 

Thirty-three  ami  thirty-five,      -  -  193 

if  in  whole  township,         -  -  282 

Security,  for  school  money  loaned,  -  183 

I  leati  uctible  property  as. 

Separate  Schedules,          -          -  179, 192 

Amount  due  on,  how  calculated,  -  173 

Attendance,  basis  of,        -           -  -  173 

How iputed,     -          -          -  179.  132 

Liability  of  directors  respecting. 

Must  be  paid.  .... 

Knie  of  payment,            -          -  -    76 
Signatures  of  two  directors  sufficient,       213 

Site,  directors  to  choose,  when,     -  -227 

Directors  to  build  on  old,  when, 

Six  hours  to  constitute  a  day        -  -  111 

.Six  months,  rule,  how  construed,  -  148 

To  be  enforced,     -          -          -  -  186 

School,  tax  for,      - 

Six  years  the  minimun  age,          -  -    88 

Soldiers  entitled  to  free  attendance,  -  114 

Special  acts,  effect  of  on  districts,  -  214 

J  listrict  taxes.        ....  151 

Not  in  control  of  trustees,          -  -  161 
Stamp  duties  on  school  instruments,     -  314 

Schedule  of.  315 

State  certificates,  how  granted,  -  -    9S 

State  Superintendent,      -           -  47,  286 

Term  of  office  of.  -           -            -  -    47 

To  hold  four  years.            -            -  -     47 

Benefits  of  extension  of  term,  -    48 

Ha«  no  judicial  authority, 

Will  not  act.  in  certain  cases,    -  -  287 

Studios,  right  of  choice  in.             -  -  261 
Stylo  ami  name  of  districts, 

Subscription  papers,  valid,        -  -  241 

Substitutes,  employment  of,       -  -240 

Successors,  bound  by  contracts,  -  -  205 
6uit.  against  directors, 

Cost  of,  hef'-r  paid,            -            -  -  381 


INDEX   TO    COMMON    SCHOOL    DECISIONS. 


327 


PAGE. 

Suit,  for  teachers'  wages,    ...  203 
Right  of,  not  lost,  when,  -  -  183 

To  recover  interest  or  principal,  -  187 

Superiority  of  large  districts,      -  -     71 

Supervisors,  relations  to  snpts.,  -  -  122 

Supreme  court,  respecting  interest,  -  187 
Surplus  district  funds,  ...  143 
Suspension  of  pupils,  ...  236 
Swamp  land  funds,         -  -  -  144 


l,  181. 
•    81. 


Tax,  certificate,  of  directors, 

Duty  of  treasurer  respecting, 

New  rule  relative  to,  - 

To  be  filed  with  treasurer, 

When  filed  by  directors, 

Collected  from  colored  persons, 

Delinquent  district,        - 

Delinquent  railroad,       - 

District,  alienation  of,    - 

District,  to  be  uniform, 

For  building  purposes,  . 

For  six  months' school, 

Funds,  district,  use  of, 

Payers,  list  of,     - 

Rate  of,  unlimited,  when, 

Road,  and  school  officers, 

Special  district,   - 

Stamp,  on  school  instruments, 

To  be  refunded,  when,  - 

To  pay  schedules,  - 

Teachers,  amenable  to  directors, 

Are   not.  school  officers, 

Are  entitled  to  interest,  105, 177, 

Are  protected  by  contracts, 

Assignment  of  schedules  by,   - 

Assistant,  to  have  certificates,  - 

Cannot  be  directors,       - 

Cannot  be  required  to  make  fires, 

Cannot  receive  tax  funds,  when, 

Cannot  resign  at  will,     - 

Certificates  of,     - 

Decisions  relating  to,     - 

Dismissal  of,        - 

Dismissal,  redress  for,  - 

Double  employment  of, 

Duty  of.  to  enforce  obedience, 

Essential  to  payment  of,  what, 

Examination  of. 

Having  no  certificates,  - 

Holidays  of,  what  are,     - 

May  inflict  corporal  punishment, 

Must  have  certificates,  - 

Must  keep  schedules,     - 

Not  to  admit  pupils  under  age, 

Not  to  employ  substitutes, 

Of  subscription  schools, 

One  order  sufficient  for, 

Re-instatement  of. 

Renewal  of  certificates  of, 

Residences,  purchase  of, 

Revocation  of  certificates  of,   - 

Rights  of,  to  be  protected, 

School  month  and  day  of, 

Should  make  written  contracts, 

Suits  of.  against  directors,  -    S 

Suspension  of  pupils  by, 

To  see  that  pupils  have  permits, 

To  make  rules  and  regulations. 

Whose  certificates  expire  during 
term,      - 

Whose  certificates  are  revoked, 
Tenure  of  notes  and  mortgages,  - 
The  Bible  in  School,     - 

Full  discussion  of  subject, 

Laws  of  the  state  in  respect  to. 
Third  grade  certificate,  why  abolished. 
Title  to  school  property,  in  whom  vested 
Tobacco  in  school.  - 
Townships,  districts  partly  in  different, 

Divided  by  county  lines. 

Duties  of  superintendent  relative  to, 

Election  of  trustees  in,  - 


-  119, 


121, 

287- 
295- 


PAGE. 

-  170 

-  214 

-  144 

-  139 

-  139 

-  139 

-  180 
Township  treasurers,  action  on  bond  of  1 90 


Townships,  funds  and  papers  of, 
Funds  of.  cannot  be  alienated, 
Funds  of,  when  in  two  counties, 
Having  no  sixteenth  section,    - 
Sales  of  school  lands  of, 
Who  should  sell  lands  of. 
Reports  of,  treasurers  to  make. 


Are  scnool  officers.         -  190 

Bond  of,  examination  of,  -  -  US 

Bond  of,  to  be  renewed,  -  -  109 

But  one  bond  required  from,    -  -  189 

Cannot  be  released  from  liability,  -  174 
Cannot  borrow  township  funds,  whv.  -  17  J 
Clerical  services  of,         -  111,  150,  178 

Commissions  of.  how  computed,  111,185 
Custodian  of  all  funds,  .         101,  170 

Decisions  concerning,    -  -  -169 

Duty  of,  in  case  of  overpayment,  -  185 
Duty  of,  in  case  of  union  districts,  -  179 
Duty  ot.  in  respect  to  tax  certificate,  81,  181 
Entitled  to  pay  for  clerical  services,  -  111 
Exempt  from'road  labor,  -  -  190 

Form  of  bond,  change  in,  -  -  1C9 

Liable  for  loss  of  funds,  -  -  171 

Liable  for  refusal  to  pay,  -  -  176 

May  be  removed  by  trustees,  -  157,189 
May  institute  suit,  when.  -  -176 

May  loan  funds  to  school  directors,  -  171 
Must  change  map  of  township,  -  179 

Must  deliver  cenificates  to  clerk,  -  181 
Must  deliver  funds  to  successor,  -  182 
Must  distribute  interest,  -  -175 

Must  file  and  keep  schedules,  81,  181 

Must  keep  funds  at  interest,    -  -171 

Must  pay  interest  to  teachers,  -  177 

Must  pay  order  of  directors,    -  -175 

Must  recognize  certificate,        -  -ISO 

Must  settle  with  directors,  -  10S,  173 
Payment  of.  as  clerks,  -  111,150,178 
Penalty  for  failure  to  turn  over  funds,  182 
Penalty  for  not  reporting.         -  -    79 

Release  of  securities  on  bond  of,  -  153 
Statement  of.  to  be  certified,    -  -178 

Tax  certificate  to  be  riled  with,  -    81 

To  call  for  funds,  -  189 

To  demand  and  keep  funds,     -  -  170 

To  file  permits  of  transfer,        -  -  179 

To  furnish  written  statement,  -  10S,  178 
To  inspect  district  records,       -  -181 

To  loan  funds,      -  108 

To  loan  funds,  rate  of  interest.  -  171 

To  loan  funds  received  for  lands,  -  174 
To  make  no  distinction  in  funds,  -  175 
To  merge  funds,  ...  175 

To  order  election  of  directors,  when,  80, 180 
To  pay  only  on  proper  orders,  -  176 

To  pay  schedules,  when,  -  -  116 

To  prepare  report,  -  180 

To  report  semi-annually,  -  -180 

To  withhold  funds,  when,         -  -  185 

Who  may  be,        -  182 

Township  trustees,  ability  and  fidelity 

required  of,       -  -  -  -    68 

And  directors,  action  reciprocal,  -  229 
Apportionment  by,  -  143 

Board  of,  to  be  kept  full,  -  -    67 

Cannot  borrow  township  funds,  -  145 

Cannot  control  special  district  taxes,  151 
Cannot  release  securities,         -  -153 

Cannot  take  funds  from  treasurer,  -  152 
Concurrence  of.  required  when,  72,  147 
Consequences  of  neglect  to  file  map,  165 
County  supt.  to  order  election,  -    67 

Decisions  concerning,  -  .  143 

Deeds  to  be  made  to,    -  -  -  219 

Discussion  of  duties  of.  -  -  -  163 

Dist.  boundaries,  changed  of  by,  when,  147 
Election  not  invalidated,  when,  -  156 

Failure  to  organize  in  ten  days,  -  156 

Formation  of  districts  by,  •  -  147 

Liable  to  mandamus,       •  -  -  167 


I  .!■;  •     "   ' 


: 

-  I  17 

- 

- 

- 
- 

i  annually, 

of, 

Ten i   I 

- 
'I  lila  in  •!•: 

M    l"t-.  hOWi 

-  6"i 
- 

• 
ipeny,  - 
lute  M  quorum, 
nciea.  how  Oiled,     -  -  -    66 

When  bui  I 

\v ho  should  be  pi esident  and  clerk 
Tranafer  of  pupils  permits  of, 
Treaau  rei . 
Trustees. 

Two  directors  may  -  -  ci.°. 

Two  school-houses  in  district,   -  -819 

L'owera  "i  directors  relative  to, 

Uniform,  district  taxes  to  be,       -  -211 

Union  districts, i  ertificate  of  formation,    7" 

Directors  of,  to  draw  lots,  -  -78 


ruk 


i  a i.-i  i :.  ■ 


200 


- 
- 

• 
I  nit)  I,     - 

.IU/..I   ilUlrli 

I    liniltll    -.   Ik  il  ul,   , 

I 

- 

•I.    - 
III   III; 

\\      I  I       .1  II  I  <!■     ill    I    l!  , 

\\  lint    lim  I,  7 

\\  hen  district 

Ml, 

ided  during 

■  ■ 
\\  hen  pupils 

w  hen  inii'i  ii.i -i  i  -129 

\\  inn  schedule 
\\  inn  school-hons< 

\\  Inri'  n«  in  i  - 

A\  iiu  are  eligible 

\\  ln>  I > i : ■  >  sell  -  -  l - j i 

\\  h\  children  under  five  should  not 

I..-  Hdmitted,      -  -  -  -    83 

Wit nesses,  -  210 

Written  contracts,  t<      i.c-rssh'ld  make,  237 


■ 


L  009  S 

°41   492 


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PUBLIC  LIBRARY 

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AT 

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